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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
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As a manager, can I discuss a potential redundancy of a direct

Resolved Question:

As a manager, can I discuss a potential redundancy of a direct report with one of its peers prior to informing the direct report in question?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what is the purpose of such discussion and how long has the affected employee been working there for?
Customer: replied 1 year ago.
The affected employee has worked for 6 months into the company. The purpose of the discussion with the peers was 1) to ensure the new approach (re-structure) would get the support of the rest of the team; 2) ensuring there is no misunderstanding as to the motives / background of the re-structuring and consequent redundancy; 3) ensuring there is no dis-engagement among those remaining.
Expert:  Ben Jones replied 1 year ago.
Thank you, ***** ***** provide a full response this evening, I am just finishing off a tribunal and it has unfortunately taken over the free time i usually dedicate on here. Thank you for your patience
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. It is unlikely that you will be breaching any laws or regulations by holding such discussions. The fact that there may be potential redundancies, the proposals behind them and any other relevant information on reasons or procedure are not strict confidential information which must be discussed amongst management only. It is possible that this could be discussed amongst employees too and whilst in some ways this person may feel aggrieved that it was discussed with his peers rather than those above him, his option of taking the matter further would be quite limited. As he only has 6 months’ service he is not protected against unfair or constructive dismissal, which means he could be dismissed or forced to leave for more or less any reason and without any fair procedures being followed. So even if he felt aggrieved that you had breached the trust and confidence that exists between you, he cannot make a claim for it. He is limited to raising an internal grievance, which the employer will make a decision on, however legally his hands would be tied and he won’t be able to challenge it. Therefore, the argument here is of a moral nature, not a legal one as legally you would not face any repercussions. 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. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Customer: replied 1 year ago.
Very happy with the answer and the speed at which it was answered. It was also very helpful! Thank you!
This is a 4.5 Star to me!
Expert:  Ben Jones replied 1 year ago.
many thanks for your feedback and all the best