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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We are having to restructure one of our Branches in Hook.

Customer Question

We are having to restructure one of our Branches in Hook. It will potentially mean the loss of 3 personnel from what I can see. One of the individuals concerned is a Major Accounts Mgr looking after the Hook area. I am concerned however that on Monday 16th November we will have a new Major Account Manager joining the business in our Manchester Region. This individual accepted his role with the business a little over 2 months ago and certainly before we had to look and the personnel in the Hook region.
The reason for the redundancy is because this year has been a poor year for sales at Monks and Crane with a lack of growth in many customers and a number of important customers becoming insolvent leaving us with significant exposure to bad debt and even more reduced sales. With that backdrop we have been forced to review the working practices and number of staff in each branch nationally.
Unfortunately this has resulted in a number of changes thus far in our organisation for example the closure of the Middlesbrough branch.
No branch has been immune from a close scrutiny of staffing levels, number and sizes of customers, and the best ways of running the individual consignment accounts each branch has.
I guess my question really is what if any is the potential risk we could face going forward ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What is your involvement in this?
Customer: replied 1 year ago.

I'm the HR officer supporting the Regional Manager.

Expert:  Ben Jones replied 1 year ago.
Do you mean what the risk is if you make the person redundant in Hook whilst retaining the other one doing the same job in Manchester?
Customer: replied 1 year ago.

Yes, I assume she could argue that we should of offered her the role. Knowing anyway she wouldn't take it as she doesn't like to travel outside of her area and I doubt she would wish to relocate.

Expert:  Ben Jones replied 1 year ago.
Do the people in Hook ever work in Manchester and vice versa? Also how long has she worked in the company for?
Customer: replied 1 year ago.

No they don't. Only people who have a National Account role but there are very few. She will reach 2 yrs service in early March 16,

Expert:  Ben Jones replied 1 year ago.
You don't have anything to worry about really. Unless she has 2 years' service she is not protected against unfair dismissal. This means you do not have to show there was a fair reason for dismissal or follow a fair procedure. The reasons for the dismissal could be unfair and unless her dismissal was due to a discriminatory reason, such as gender, age, race, religion, etc she cannot challenge the dismissal. So in this case it would not matter if she was made redundant when someone else was doing the same job in another branch and she could have been offered it instead. Without 2 years service she cannot challenge the redundancy. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.