How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45384
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

The small company I worked for was bought out by a large company.

Resolved Question:

The small company I worked for was bought out by a large company. My work that I was doing has been absorbed amongst staff in the large company and I have been told that I will be made redundant. Am I being discriminated against as I can do the same jobs as the other people that have now taken over my duties. I have been told that there is not a pool for redundancy as I still come under the old company name even though it is now part of the large company, and the people that have taken over my job come under the name of the large company.
If I am to be kept separate( as in the company name) why has my job been taken from me? Why can't I keep separate then and continue doing my job? It seems that my employers want to have their cake and also eat it.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long is your continuous service?

Customer: Hi Ben my service is 6 years
Ben Jones :

Hi, in circumstances like yours where you transfer to a new company, they would be expected to retain your existing contract and job and you should transfer automatically to them keeping your current terms and conditions. However, there are circumstances where the employer may need to reduce its workforce due to the needs of the business and it is possible after such a transfer for incoming and existing employees to be placed at risk of redundancy if there are too many people for the available jobs. You should not be picked just because you are the ‘new’ person and have transferred in and you should be treated equally to all existing employees who do the same or mainly similar jobs. However, that would only include employees and if the employer wants to replace you with contractors or agency staff then this equality would not apply – you can only expect to be treated the same as existing employees of the company. So if there are other employees who do the same or similar jobs, all of you should be placed at risk of redundancy and the employer should pick a fair selection method to decide who gets made redundant. The employer could then replace those of you who are selected for redundancy with contractors or agency workers and you cannot challenge that. You can only challenge a situation if the employer is keeping employees doing the same job and they select you for the redundancy for being the incoming employee. If there are no other employees doing that particular job then you have not been discriminated for being placed at risk of redundancy or if you lose your job.

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

Customer:

You haven't really answered my question which was the issue of being told by my employers that I am not being discriminated against because I come under a different company name to that of the other people who are now doing my job, even though we all come under the umbrella of the large company. PLEASE DO NOT REPLY TO THIS IF I AM GOING TO BE CHARGED ANOTHER £36.00!

Ben Jones :

you will not be charged anything extra but I have to make it clear that this is not discrimination, because from a legal point of view discrimination only occurs if you are being treated detrimentally due to your age, gender, race, religion, or disability and this is clearly not the case here. As mentioned above you have the right to be treated in the same way as all other employees doing the same job in the same company because you will be expected to be equal when it comes to being selected for redundancy, otherwise the selection method could be deemed unfair

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45384
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice