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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was made redundant on the 20th May from my job as a

Resolved Question:

Hi,
I was made redundant on the 20th May from my job as a project manager at a construction company.
I was the only person selected as I was told that my function was unique to the business which I disputed.
There was confusion about my role as I was first told in a letter that I was being consulted with because the contract I worked on was losing money, when I informed the consultors I worked across the business I received a letter telling me that I was being made redundant because the business needed to make savings across the whole business.
I appealed the decision which was rejected and I was told again that the reason for my redundancy was because my substantive post was on a contract that was being made redundant and that any other work I carried out was on an ad hoc time bound basis.
My contract of employment makes no reference to me being designated to a specific contract nor does it make reference to the contract that the consultation letters name as that of my substantive post.
I attempted early conciliation which was rebuffed on the 17th August.
There is at least one other individual in the business carrying out project work of a very similar nature to that which I carried out and yet this person was neither consulted with nor made aware to me until after I left.
I had been with the business for over ten years.
Do I have reason to feel unfairly treated?
Thanks
Dan
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 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 9 months ago.

Is it possible for me to see a copy of the contract please?

Customer: replied 9 months ago.
Hi Ben, yes I'll copy it across to you.
Expert:  Ben Jones replied 9 months ago.

Hi Dan. OK thank you. When you have sent it through, I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message after you have provided the information as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 9 months ago.
Thanks Ben, contract attached. Dan
Expert:  Ben Jones replied 9 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

When a redundancy situation arises, there is a legal obligation on an employer to ensure that it applies a fair method of selection when deciding on who is to be made redundant. The general requirement is that a fair and objective method should be applied.

The first step is identifying the pool of employees from which the selection will be made. Often that could be a particular job, a department, even a whole office. The employer only has to show that its choice of pool was within the range of reasonable responses. This could often be linked to the needs of the business, for example a need to reduce a particular expense linked to a team, outsourcing certain work, etc.

The general rules state that when deciding on the choice of pool, the employer should start by considering two questions, which will help them identify which employees should be included:

{C}· Which particular kind of work is disappearing?

{C}· Which employees perform the particular kind of work which is disappearing?

So it is not always going to be a case of looking at someone’s contract as this may not always reflect reality so it will have to be a case of looking at what people actually do, whether it has been consistent work and if there has been any correspondence or agreements to suggest that it may have only been temporary work or something on a more permanent basis. It can be a complex exercise but this is what a tribunal would be looking at when it decides on whether a selection process was fair and reasonable. One important point to make is that the tribunal cannot substitute its own view for that of the employer’s and they can only decide if the employer’s decision was reasonable in the circumstances.

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 9 months 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.

Expert:  Ben Jones replied 9 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 9 months ago.
Thanks Ben, this is somewhat helpful.I am still a little confused about the first point of "Which particular kind of work is disappearing". This was never explained I was merely told that "a potential redundancy situation has arisen as the requirements of the business for which you carry out your work of a particular kind are expected to cease".I asked what this meant and was told that it was legal speak for the type of work that I undertook and was then told that this was special projects that are no longer needed.Can you please let me know whether "particular kind of work" relates to work that the business undertakes or the role that I was fulfilling?ThanksDan
Expert:  Ben Jones replied 9 months ago.

Hi there, happy to continue helping and answer follow up questions, if you could please leave your rating for the initial response I can continue, many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.

Thank you. The employer would need to identify what work is actually disappearing. This will of course vary from one case to another but the employer would have to identify it. Sometimes it will be easy, like saying all jobs with a specific title are going or reducing, other times it may not be as easy and it can cover various types of work or work which is not directly attributed to a particular job. So if an account is losing or reducing its staff, then those whose work mainly covers that work can be affected. So in effect the employer needs to identify what type of work is affected and in turn which employees are also going to be affected by this

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