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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
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My grade2 post has been made redundant as from 7/5/14 which

Resolved Question:

My grade2 post has been made redundant as from 7/5/14 which i have accepted but feel this was made easier because of being overlooked in training for procedures and by passed in courses etc for past six years plus when other partime staff got overtime to bring their hours up to full time when funds were supposedly low,this can be proved in rota system,even when there may have been only one member of staff in department and practice manager stepped into role of receptionist where I was available. I would like to know if it is too late to address issues or is there anything I can do about being treated unfairly. My thanks B Butcher
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. Were there any other alternatives available for you to remain in employment?

Customer:

No other alternatives were offered

Ben Jones :

Were alternatives actually available?

Customer:

No

Ben Jones :

Did you raise the issues you mentioned at any time over the last few years?

Customer:

yes at each appraisal i said i felt overlooked and passed over and when asked to be trained in a few procedures it was to be looked at but never materialised .Numerous subltle things took place ie when full quota of staff in I would have to move from computer to accommadate staff whose names were placed on individual computers,I did not have a "named computer station" also although it was always stated funding was low the other four partime staff always got extra hours which brought them up to full time hours and when on occasion only one member of staff in(should have been at least 2)my offer to help was declined and the "practice manager"cover reception herself.There are other things but would take to long at present to discuss at this time.BB

Ben Jones :

Whilst it is not necessarily too late to challenge this now, it may be difficult to do so. In a redundancy situation the employer is only expected to show that there was a genuine redundancy (in a sense that the legal definition of redundancy was met) and that they had followed a fair procedure. What has happened in the past leading up to the redundancy would not generally be relevant because it is something that should have been dealt with separately at the time the issues were occurring. Assuming nothing was resolved at the time and you continued in your post, then when it comes to the actual redundancy, as mentioned the employer is only required to show there was a genuine redundancy and follow a fair procedure.


 


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.


 


You are free to appeal the redundancy with the employer – it is your legal right. However, if that fails your only option left is to make a claim for unfair dismissal in the employment tribunal, however that can be risky as you are going to have to pay more than £1k in fees before you have your case heard.

Ben Jones :

Hi can you see this post?

Customer:

yes thank you for your reply and comments

Ben Jones :

you are welcome

Customer:

good service

Ben Jones :

Many thanks

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