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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my boss is restrucutring our account I currently work as the

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my boss is restrucutring our account I currently work as the Schools & Soft Services supply chain lead manager for the account which includes overseeing current schools within the account, managing Catering services delivered throughout the account, manging all soft services suppliers. Managing a team of managers which include 1 x Soft Service supply chain manager, 1 x Soft Service technical support manager, 4 x FM Managers. I am also the lead manager overseeing full implementation though to delivery for the mobilisation of the new Schools contract
I have been informed by my boss that he has appointed a Soeft Services manager and they will be joining the Account on 1 April and that they will be responsible for Security, cleaning & other elements of soft services & that the Soft Service supply chain manager & Soft Service technical support manager will report into this person. My boss has also appointed a Schools Account Manager who will be joining the account from 12 April.
I have asked what that means to my role & been infomred I am needed to continue with the mobilisation of schools contract due to go Live on 1 April & the transition to operations but that when this work start to dry up my boss, our hr manager, our MD & I will all probably need to sit down and have a very difficult conversation. I feel I am being put at risk without any formal consultation that my main role was even at risk, also the 2 managers bthat have been appointed are being transferred from an Account that our company has not retained and the final part of this long question is the team my boss has now surrounded himself are all between 25 & 40 and classed as up and coming stars in the company I am 58 and the oldest member of the current Senior management team. I am being stripped of all man management responsibilities as well. Although in the past I have always been commmented on leading a team fairly & professionally. I do not feel I am being treated fairly and that I am in the process of being bumped from the company without any formal consultation until the 1:1 with my boss this week when he n otified me of all the changes do I have any course of redress.? I have requested a meeting with my boss to discuss more in full as I feel I potentially have a grievance right?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

I will have worked for the company 6 years on 4th June, I transferred in form noath company so my full term of services is worked on TUPE basis equating to 8 years from 4 June 2006

Ben Jones :

This may be gearing up to a potential redundancy situation. 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:



  • The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).

  • There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)

  • There is less work of a particular kind, but the same number of employees are required overall.


 


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 and the focus then shifts on the remainder of the redundancy procedure. This would include what consultation took place, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.


 


In terms of placing you at risk, you do not have to be consulted first before you are placed at risk – in fact the usual way of dealing with it is to place you at risk, then start a consultation process to discuss the situation and find alternatives or ways of avoiding the potential redundancy. So it could be that at the next meeting you re placed at risk and the employer proposes a consultation period to deal with this. As such you may want to wait until the meeting has taken place before you make a decision on how to proceed and whether a grievance is necessary.

Customer:

Hi Ben

Customer:

Hi BenYou have not made any comment about the final part of my original question: final part of this long question is the team my boss has now surrounded himself are all between 25 & 40 and classed as up and coming stars in the company I am 58 and the oldest member of the current Senior management team. I am being stripped of all man management responsibilities as well. Although in the past I have always been commented on leading a team fairly & professionally. I do not feel I am being treated fairly and that I am in the process of being bumped from the company without any formal consultation until the 1:1 with my boss this week

Customer:

Do you think there is any merit in mentioning the fact that the team within the Account seems to have been changed for a much younger set of what are being claimed as up and coming stars and that I am only being kept on at this stage until mobilisation is completed because he (my boss) needs my experience at this precise moment given my years of experience in certain elements of delivering Facilities services?

Ben Jones :

The age issue can either be a completely circumstantial issue, or a valid one where the employer is trying to replace the older workforce. However, you cannot just say 'these guys are younger than me so there is age discrimination'. It is entirely possible for this to just be a coincidence so a tribunal would want more evidence to suggest that discrimination was indeed happening here. However, there is nothing stopping you from challenging the employer head on about this and asking them for clarification on whether your age is a factor and how they can justify the younger replacements without it being discriminatory - their response could give you further clues and perhaps even evidence that you could potentially use if you were to take the matter to tribunal.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46798
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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