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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was told I would be made redundant on the 30 July on the

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I was told I would be made redundant on the 30 July on the 3rd July as the company are moving its workforce to set locations. However, I have been told I have to do a knowledge transfer until 17/05/2016 is this acceptable and legal
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What would that task involve?
Customer: replied 1 year ago.

The Knowledge transfer would require me to train people with less experience to do my job. They call this knowledge transfer, but in my opionion it is trainning replacements and trying to pass on 20 years experience

Expert:  Ben Jones replied 1 year ago.
So when does your employment with the company actually terminate?
Customer: replied 1 year ago.

now they are insisting I stay until I complete my knowledge transfer dso assume 17/5/16 this is the only date they have mentioned. I work in It if that helps

Expert:  Ben Jones replied 1 year ago.
The key is when your employment actually terminates. It is possible for an employer to plan to make you redundant in the future and keep you employed for a period before issuing you with notice of redundancy. In effect what they could do is as follows:· Advise you that you are at risk of redundancy and that there is a date in the future (e.g. July 2016) when the redundancy could take place· Continue employing you as normal in the meantime and you would be expected to undertake all your normal duties during that period· Depending on the length of your notice period, issue you with formal notice of redundancy in good time before the proposed redundancy so that it times with that (for example if you have a 3 month notice period they can issue you with formal notice of redundancy 3 months before July 2016 so that your notice period expires on that date and your employment terminates). However, if they have issued you with formal notice of redundancy now then they are really issuing you with the notice period you are due and technically your employment would terminate once that notice period expires. After that you would no longer be employed by them and would not be obliged to undertake the work requested of you. So you need to clarify what exactly they are doing – are they just proposing a potential date of redundancy without issuing you with formal notice of redundancy, or have they issued you with formal notice of redundancy now? If the former then they can do as they have as you would just continue working as normal until they give you notice of redundancy, which could be next year. If the latter, then your employment would terminate once the notice period expires and that would be the end of your obligations towards this employer. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

so on the I started my formal 30 day consultation on the 3rd of July so I am being made redundant but they have decided on the length of KT they want so where am Redundant and entitled to redundancy or do I have to stay

Expert:  Ben Jones replied 1 year ago.
Being under consultation is not the same as being made redundant. You would only be made redundant once your employer has issued you with formal notice of redundancy, basically giving you notice to terminate your employment. Before that happens they would consult with you so that is the stage you appear to be at. They could consult with you and state that the likelihood is that you would be made next year, without actually issuing you with notice of redundancy. Until they do so you would continue to be employed as normal so at present you would have to continue working as normal and if your job can require you to do this KT you would also have to do that until formal notice of redundancy has been given to you. Hope this clarifies?
Customer: replied 1 year ago.

Thank you it does so They can employee apprentices expect me to train them and then kick me out lol ­čśü ho well once again thank you at least I know what to do ­čś×

Expert:  Ben Jones replied 1 year ago.
Well, the term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996: 1. Business closure – where the whole of the employer’s business is closed2. Workplace closure – closure or relocation of one or more sites3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant). The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:· The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).· There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)· There is less work of a particular kind, but the same number of employees are required overall. So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would include what consultation took place, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer. But if they are simply replacing you with other employees, then the potential to challenge this redundancy does exist as it may not satisfy the definition of redundancy. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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