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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48183
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am under notice for redundancy I have been asked to attend

Resolved Question:

I am under notice for redundancy I have been asked to attend an interview where I am to discuss any alternatives to redundancy I may wish to suggest.

I am employed as an accounts assistant but was told at the interview that I would have to cover the administrative side on a day to day basics

They are putting a completely new system into the firm and have been told only administrative jobs are available. I have worked for them for 2 years and can do the administrative job but they have two persons that has only worked for them for one year who was brought in to help with the work load.

I would like to know how I stand I was under to impression that it was the employer's role to offer alterative work,
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. When exactly did you start working there?
Customer:

On the 12 June 2012 and he will let us all know on the 12 June 2014

Ben Jones :

Hi, it is indeed the employer’s responsibility to try and offer you any suitable alternative employment that may exist in order to try and avoid having to make you redundant. However, it is not expected that they will be creating any new positions to fulfil that duty or offer you jobs which are already filled by someone else. Therefore, even if there is a suitable position that exists but it is already being done by someone else, even if they have been there for less than a year, the employer is not expected to remove these people just so that they can offer you the opportunity to apply for this job and avoid having to make you redundant. This could be an expectation if these people were for example agency workers, so just temporary cover not employed by the employer, but otherwise they are only expected to offer you any available work that is actually available and not already being done by others.

Customer:

We all have been put on notice so does that make a difference?

Ben Jones :

yes it could, if everyone is at risk of redundancy and there are jobs which you all can do then a fair way to decide who stays and who goes would be to offer these available jobs to everyone at risk and then use fair selection method to decide who will be offered them and who is unsuccessful

Customer:

After him giving notice if I am not successful Can he ask us to leave on that day or does he have to give a notice period and if so how long?

Ben Jones :

He can terminate your contract immediately and pay yo in lieu of notice (basically the pay you would have earned had you been allowed to work your notice period). The notice period you are due would be whatever is stated in your contract of employment, or in the absence of anything there it would be a week for every full year of service

Customer:

Would redundancy pay be on top of that

Ben Jones :

yes, assuming you actually have 2 years service by the time you are made redundant

Customer:

So if he makes me redundant on the 12 June and asks me to leave that day will that count?

Ben Jones :

yes you would have 2 years' service on that day

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Thank you for your help today you have answerd all my questions

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