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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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our company is going through the redundancy procedures,

Resolved Question:

Hi our company is going through the redundancy procedures, and I was issued with an at risk letter stating that as my job is the only one with that role I am in a pool of one
A couple of days later I found that there was also someone else with the same job role
when I had my first consultation I was told that there was another person who has been ring fenced because of the project he is working on and all people in that team are to be left alone
but once again I find that not to be the case as two people in that team were also given at risk letters and one of them was brought in specifically for that project
my question is whether they can change the goalposts every time a mis representation is found
Thanks you
Bev C (Mr)
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked for your employer for?

Customer:

14 Years 6 Months

taratill :

Ok have you spoken to your employer about the fact that you are not the only person doing the role? If so what was the response?

Customer:

Yes I have and they said that they had made a mistake in the letter but he was still being protected as he is working on an important project

taratill :

Is the project something you could easily do, i.e. have the skills and the ability to do?

Customer:

I dont know what he is actually doing , but i know when i got my current title he helped to train me to do what he does so i would say yes

taratill :

Ok unless he is doing something you cannot do in terms of skills and ability then he should be included in the pool. If you are made redundant you can claim unfair dismissal on the basis that the dismissal is 'procedurally unfair' through the fact that the employer has not included him in the pool. If you think there is another reason such as potentially his age (if he is younger than you) then you may also be able to claim that this amounts to discrimination contrary to the Equality Act. You can either raise a grievance about this now or wait and appeal and raise a claim.

taratill :

If you have any further questions about this please do let me know.

Customer:

Thank You for your help

Customer:

Is tere any way i can save a copy of this for reference please

taratill :

You can either print the screen off or you will be able to use you log in details to log in to the site and see it there.

taratill :

I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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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