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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Having been in a seconded Area Mangers role for 4 months I

Resolved Question:

Having been in a seconded Area Mangers role for 4 months I was offered the permanent position on the 5th of September, which I accepted a week later. On the 10th of October all 3 Area Managers were informed that due to poor sales the charity was re-structuring and that they were looking to remove all 3 Area Managers and replace with 1 new role. We were we welcome to apply for VR. Do I have a case? At no point was I given any impression that AM's were under threat whatsoever, or indeed Job losses were planned? Further why was I offered the job? and In turn I lost my protected position of Instructor in the process.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked for the employer?

Customer: replied 1 year ago.
Hi Ben over 10 years
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

May thanks for your patience. The key here is whether the employer knew that they were about to restructure the AM roles and took you on permanently when the plans for restructure were already being considered. There is a month between your acceptance and their decision to restructure so it is after all possible that the decision to do this had been taken in the meantime. If that was the case then your case would be weaker because the employer would not have officially been considering placing your new job at risk and as such moving you n permanently in it would not have been unlawful or unfair. However, if they already knew with certainty, or at least a very high probability, that they were going to be restructuring these roles and they took you on permanently without any mention of this, then there is a potential for taking this further. It may be a bit early to do so because there is still a chance that you could get the one role which remains and therefore not be affected by this, but in the event that you are made redundant you could consider an unfair dismissal claim against them.

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Customer: replied 1 year ago.
Thank you Ben, not sure how I could ascertain whether they had decided on this course of action prior? I have applied for voluntary, however as yet have not had a response as the closing date is the 19th.
Expert:  Ben Jones replied 1 year ago.

Thank you. It could be difficult to ascertain whether that was the case or not. I suppose they would have correspondence leading up to the decision to dismiss which would reveal when the decision was made and how much they knew before they offered you the post. The issue is how do you obtain these and officially they would not have to do this until they have a legal obligation to do it in a tribunal claim. So yu could find yourself in a position where you submit a claim against them without necessarily knowing the full extent of the merits of your claim.