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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44892
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been made redundant after 9yr 5 months, with the

Customer Question

Hello, I have just been made redundant after 9yr 5 months, with the reason being a company restructure. I feel this is more about my face no longer fitting, and not toeing the line. My role of Customer Solutions Manager will be divided between two existing teams, neither have the relevant experience. The consultation process started on 31st Oct, when I was told we would meet again on 7th Nov. I reminded them I would be on annual leave for two weeks from Nov 7th. I requested a meeting on Nov 1st and asked if this could be completed prior to my annual leave as I did not wish to take this on holiday with me. They said that the consultation has to be meaningful so this would not be possible, and a meeting was arranged for Nov 21st (the date of my return to work). We met on 21st Nov and this was my final consultation. During consultation they suggested I could apply for 7 junior roles that had been made from the restructure, I declined. They have agreed to pay 13 weeks redundancy + 9 weeks notice in lieu. My main issue is I feel this has been orchestrated over the last 6 months. 1 year ago the Marketing manager was openly talking to my line manager regarding my role, and sending emails containing similar job roles with much lessor pay advertised locally, suggesting that I was overpaid. My line manager was pushed out of the company in May of this year, with the Marketing manager taking over as the Head Of customer services. In the six months since she took over my work load has been reduced by 50%, there has also been several requests for me to take junior staff members with me to client visits so "they can learn what I do". The company is growing 20% each year, so there is definitely no down turn in work. Clients and colleagues are equally shocked by the companies decision to make me redundant. Is there a case to answer or should I take the money and run? Many thanks, Brian
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.

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

Customer: replied 11 days ago.
Hi Ben, many thanks.
Expert:  Ben Jones replied 11 days ago.

Hi there. Based on what you have described, what would be your ideal outcome so that I can advise you of your options? Thank you

Customer: replied 11 days ago.
Ben, I feel aggrieved that things have ended this way and ideally would like to hold a mirror up to their behaviour, and possibly negotiate a better payout.
Expert:  Ben Jones replied 11 days ago.

Apologies for not getting back to you sooner, I was urgently called up to deal with a tribunal case and could not get back on the site until now.

The main issue here is whether the employer will be able to justify this as a redundancy if challenged in tribunal. 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 closed

2. Workplace closure – closure or relocation of one or more sites

3. 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. I have seen numerous cases where a redundancy has been orchestrated but has been successfully defended as the employer has been able to convince a tribunal that there was a genuine redundancy. So my main concern is that if you were to reject the offer and make a claim against them, they could potentially defend it.

Still, you may wish to consider negotiating for higher than what is currently on offer by stating you will be seriously considering taking this further. Often an employer may be willing to improve their offer just so they do not have to deal with a potential claim, even if they may be able to defend it. Commercially it would make sense for them and as they are a business that would be a relevant factor they would have to take into account.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 days 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 days ago.

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

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