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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44878
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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been made redundant after 12 years of loyal service in a sales

Customer Question

been made redundant after 12 years of loyal service in a sales capacity as office manager . the company turned up at 10 and we where gone by 11. two hours later they had moved the office to up north. they are now calling all of the clients that I handled to introduce the new account handler. should I and my colleges been given the opportunity to apply for the new jobs etc., we have been given a redundancy package but can show that we where extremely profitable and we believe we shouldn't have been treated this way. Are we correct in our thinking and do we have a case.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Is it the same company that operates the new office?

Customer :

yes it is and they bought out the original company and I have worked for them 4 years but on the same contract for which they say they are giving us redundancy based on 12 years.

Customer :

there where two people in the office ,both with the same type of story.

Customer :

should they have talked to us, and or given us some options rather than just throw us out and then tell our customers that the office computers broke down and they where taking everything over.

Customer :

everyone is in shock and feels like they are criminals

Customer :

Hello is anyone there?

Customer :

one and a half years ago when Robinsons took over the company the existing sales people where given the options of trying the new company or excepting redundancy ., we where not given any choice or options.

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

Whilst the employer could legally try and make people redundant, they must still ensure that there is a genuine redundancy situation and also follow a fair procedure. In terms of the procedural requirements, it is certainly unfair to do what they have done in this case. They should have placed you at risk of redundancy and then taken you through a formal consultation period. During that time they should have discussed the situation with you, tried to see if there are ways of avoiding the redundancies, offered you suitable alternative employment and so on. None of this actually happened and the dismissal is certainly going to be unfair, at least from a procedural point of view.

If they simply moved the office to a different location, you should have been offered any suitable jobs that were available there in order to try and avoid having to make you redundant. If they did not even discuss that with you, together with the total lack of fair procedure, then as mentioned your dismissal is most likely unfair and it is something you can challenge.

Initially I suggest you contact the employer and explain the situation to them and ask them to reconsider their position and offer you any jobs that may still be available in the new location. However, you do not have to take them if they are unsuitable. If nothing can be resolved and the employer sticks to their decision, then the only option after that is to make a claim for unfair dismissal in the employment tribunal, something which must be done within 3 months of your date of dismissal.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

Customer : This doesn't really explain the way forward and what one could expect to be offered seeing as they did not talk to my partner or to me . They just gave us our statutory letter and settlement entitlement and told us to get out . The office was closed and cleared two hours later. I'm feeling very dissatisfied and as they have given me only the minimum redundancy as required by law, very angrey.
Ben Jones :

ok so what would you like me to clarify for you please? As mentioned you have a strong case for unfair dismissal here because the employer has completely failed to follow a fair redundancy procedure.

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