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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How log have you worked there for?
Hi. 3 years
So would the other BD continue to work as self employed?
ok let me get my response ready please
The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:
1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).
The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:
So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied. What is important to note is that the wording only refers to ‘reduced requirement for employees’. It means that if the employer has decided that it no longer needs employees to do a specific job and would rather get freelancers or agency workers to do the job instead, this can amount to redundancy where the employee is placed at risk of redundancy. You would be entitled to receive offers of any suitable alternative employment that may exist at the time (they have offered you part time work) but if you do not think that is suitable then you can reject it and opt for redundancy instead.
I'm reading it now
Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?
Hi. Can my employer get freelancers or agency workers to do the job instead even if they (in this case the US BD consultant) is paid far more than me as an employee? It doesn't make sense if it's a cost-cutting exercise. I tried to leave a rating for you but I can't seem able to as it says that 'Your expert has not finished answering'. Many thanks for your help.
Hi, the reasons for replacing employees do not have to be cost-related. The legal definition simply states that there has to be a reduced requirement for employees to do work of a particular kind. So if the employer believes that the need for employees to do a job is reduced nd they want to get a freelancer to do it, whatever the reasons, then they can satisfy the definition of redundancy
Did you get my last response above, just checking there are no issues with receiving my replies, thanks
Hi - thanks. Yes, I did get your replies. And now I see that the system allows me to rate your reply. I was just double checking because I read this comment from employment solicitor Graham Darwood of City firm LLG Law that should a company threaten you directly with redundancy unless you take a pay cut, it won't be acting lawfully since "an employer either makes a post redundant or not". "This could also raise other issues such as constructive dismissal and, possibly, discrimination."
but you are not being given a pay cut, your hour are being reduced, the two are different.
Yes a reduction of hours will result in a pay cut, but it is not the same as saying, you are getting pay cut without there being something that has prompted it, such as a change in hours
Also as mentioned a redundancy will exist if the employer meets the legal definition of redundancy as stated above - it is not necessary for a post to disappear for there to be a redundancy situation
Thanks for all your input