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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am being made redundant. The situation is complicated due

Customer Question

I am being made redundant. The situation is complicated due to a secondment I have been on and the timings of my company relocating. However, basically my question is this. While I am being made redundant my exact role is being recruited for, with the difference that it is based in the new location, where I will not relocate to. I understand that this is perfectly acceptable. However, the job is advertised with a 2-3 year period here in the current location before the role relocates. I would happily carry out this job for some or all of this period and this 2-3 years feels to be too long for this to be really justified as a role in the new location. Are they justified in making me redundant and advertising this role now?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Are you saying that the job will continue in your current location for 2-3 years before moving to the location that you do not want to work at?

Expert:  Jenny replied 2 years ago.
Hi can you confirm that you are saying that your job will remain at your current location and that it will relocate after 2-3 years?
Customer: replied 2 years ago.

An equivalent job will be remaining at my current location for at least two years. This is the role they are recruiting for. I actually lost my role during a reshuffle last year and have been on a secondment since then. I am therefore only now going through my notice period but this is officially the notice from my job pre secondment. Due to someone else relocating early they now have a vacancy.

Expert:  Jenny replied 2 years ago.
How long have you worked there for?
Customer: replied 2 years ago.

11 years

Expert:  Jenny replied 2 years ago.
Hi in these circumstances it is unreasonable for you to be made redundant.
A redundancy situation only occurs at the point at which the need for a person to perform a role at a location ceases or diminishes. It does not occur 2-3 years prior to the event. If the employer says that the new role is temporary or is not the same role then you should ask them on what grounds they say it is not a suitable alternative to redundancy.
I would suggest a grievance to state that if you are made redundant at this stage you will have no alternative but to bring a claim of unfair dismissal in the Employment Tribunal.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 2 years ago.
Hi to clarify the fact that you are seconded should not make a difference here. You should be given the role that is equivalent to your substantive post.
If you are not you will have grounds to claim unfair dismissal.

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