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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48209
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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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: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 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

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