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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44920
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The company I work been bought out on friday last week.

Customer Question

The company I work for has been bought out on friday last week. There are between 20-40 redundancies expected out of a total of 70. I have already been notified verbally that there is no position in the new organisation even though it is within the 20-40. Am i right in assuming that the company has not followed the correct process? There are no equivalent positions in the new organisation that I could go for given that I work from home.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you tell me how long you have been employed there and what information you have been given have you been told you can apply for any positions in the new company.
Customer: replied 11 months ago.
Employed for just over 5 years with the company with a 3 month notice period. No I have been told that there is no position in the new company for me. I dont want further employment with them (but I dont that should even be considered at this point)but in principle believe that I am being incorrectly treated.
Expert:  Ben Jones replied 11 months ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 11 months ago.
Many thanks for your patience. If you have been working there for more than 2 years you will have protection against unfair dismissal. This means that the employer must show there was a fair reason for dismissal and also follow a fair procedure. Whilst redundancy is a potentially fair reason for dismissal, the employer must follow a fair procedure which includes consulting with the affected employees, trying to find them suitable alternative employment, have a dismissal meeting and the chance to appeal. Also if there are going to be more than 20 proposed redundancies the law requires the employer to conduct collective consultation: https://www.gov.uk/staff-redundant/redundancy-consultations So even if it was guaranteed that your job was going to be made redundant and there was nothing for you in the new company, the employer is still required to follow a fair redundancy procedure as set out above. Failure to do so could easily make the dismissal unfair. What the employer could do in these situations is pay the affected employees off so that they are given some extra cash for not being taken through the full procedure just to make things easier from an administrative point of view. You could therefore try and negotiate with them about this. 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 11 months 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.

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