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Category: Law
Satisfied Customers: 9
Experience:  Moderator
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i manage a retail business the owners want to restructure and

Customer Question

i manage a retail business the owners want to restructure and have quietly told me to start looking for a new job the business will continue can they make me redundant
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

They can make the job redundant but whether they can terminate your employment as a result depends on a number of factors.

Your employer should use a fair and objective way of selecting you for redundancy.

Commonly used methods are:

last in, first out (employees with the shortest length of service are selected first)
asking for volunteers (self-selection)
disciplinary records
staff appraisal markings, skills, qualifications and experience

Your employer can make you redundant without having to follow a selection process if your job no longer exists.

However, if there is a selection process the employer can't select on grounds such as:

marital status
sexual orientation
religion or belief
trade union membership
health and safety activities
working pattern (eg part-time or fixed-term employees)

So the first thing you have to establish is whether there should be a pool of employees who should be targeted along with you or whether your job is a unique one that would mean only your job and you are relevant. If there are others that should be considered then your employer has to go through a selection process. If there are no others then the employer still has to formally consult with you to see if there may be another post within the company that you could do but no selection process would be required.

I hope this helps.

Please leave a positive response so that I am credited for my time.
Expert:  Nicola-mod replied 2 years ago.

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