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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46149
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My organisation is going through a redundancy process and I

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My organisation is going through a redundancy process and I was informed that I have been selected as part of this process. I work for a consultancy organisation but I know that the current project I and another one that is due to start next week will require me to be replaced by recruiting someone new. Is this contrary to redundancy as I thought role was meant to be redundant?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 10 months ago.
Please can you tell me how long you worked for the organisation?
Customer: replied 10 months ago.
I looking to see if I have a basis to push for more than the statutory minimum redundancy pay plus a one month ex-gratia payment paid if I sign a disclaimer that I will make any further legal claims against them. I have worked for the company for just over 5 years.
Expert:  Ben Jones replied 10 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 10 months ago.
Ben - thinking about this further and just reviewing the Government guidelines on redundancy I do not think I have a case because if I challenge it they may well offer me an alternative role which would then make it difficult for me to get statutory minimum. Also they have followed the correct process so far so they are covered there. On this basis I think there is no point continuing any further and wasting your time.
Expert:  Ben Jones replied 10 months ago.
Hi, 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. You are correct that they could offer you a suitable alternative position and if that is unreasonably refused by you then you will lose your entitlement to any redundancy so consider it carefully. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46149
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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