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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45392
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I've been advised recently that I am to be made redundant

Customer Question

Hi. I've been advised recently that I am to be made redundant from my teaching role. I was employed as an English as second language, and Theatre teacher. I was then promoted to Head of the Faculty of Arts. There has been a downturn in theatre students due to a change in focus to Maths and Science.
The head has decided that the role of Faculty leader can be shared amongst other staff.
He informed me that i would no longer be teaching English as that can now be done by 'younger, less experienced and therefore less expensive staff'. I am therefore teaching the current theatre students until the end of the academic year on a 60% timetable, 3 days a week instead of 5.
At the end of the year (august) i will no longer have a job.
Could you let me know if this is a legal redundancy, and what my options could be if not, or indeed if you need further information before you can answer.
MANY thanks in advance.
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. How long have you worked there for?
Customer: replied 1 year ago.
15 months
Expert:  Ben Jones replied 1 year ago.
The starting point is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. So the employer could simply decide you are no longer required and make you redundant, without having to follow a fair procedure. However, in this case they have mentioned that your job could be done by younger and cheaper staff and this concerns me because it is potential age discrimination. They are basically saying that you, due to your age, may be too expensive for them and they are trying to replace you with younger staff. That could make the whole redundancy unfair and any resultant dismissal automatically unfair, even if you have less than 2 years’ service. This is your basic legal position. I have more detailed advice for you in terms of what you can do to challenge this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45392
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks for this! I'm going into class momentarily, but would definitely be interested in 'more detailed advice for you in terms of what you can do to challenge this, which I wish to discuss', so please do let me know what the situation may be. Regards Kei
Expert:  Ben Jones replied 1 year ago.
Thanks for the rating. The first step would be to raise a formal grievance with the employer. This is an internal complaint which allows the employer to deal with it themselves. If the outcome is not to your satisfaction you can make an appeal. If the redundancy is confirmed and you are dismissed as a result, you have the right to make an appeal to the employer. Again this is an internal procedure and asks the employer to reconsider their decision. If the appeal stands, your only option is to consider a claim for unfair dismissal and/or age discrimination in the employment tribunal. You have 3 months from the date of dismissal to do this. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
Customer: replied 1 year ago.
Many thanks, ***** ***** I will read, research and inwardly digest what you have advised, and if there are any further questions then i will see how to contact you again. You have been incredibly swift with your responses, I appreciate that. Kei
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best

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