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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i have begun the consultation process which will end in my

Customer Question

i have begun the consultation process which will end in my post being made redundant - currently Hospice Service manager line managing 17 persons - maintenance teams, catering teams, housekeeping teams, health and safety responsibility for all 11 sites. the new post is Head of Facilities - however the job description is exactly my role over same sites, managing same people doing same role. how is this possible. Could you advise -pls
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know what is your specific question about this?

JACUSTOMER-pcsz3xlp- :

is this process legal and does the job description have to have a % of change about it in order for the company to make me redundant?

Ben Jones :

Many thanks for your patience. Redundancy is used to describe a situation in which an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site or job role. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisations, relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason conformed to the statutory definition of a redundancy.

The Employment Rights Act 1996 defines a redundancy situation as falling within one of the following circumstances:

  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. Diminished requirement for employees to carry out work of a particular kind.

Whilst the first two reasons are self-explanatory, it is the third reason that will be used most commonly and also the one that brings the most challenges. There is also no need for a job to change by a specific percentage for it t be made redundant, the above are the only definitions that need to be satisfied.

In the event that your job is placed at risk of redundancy and there is a suitable alternative job which exists, then your employer has a duty to offer you that job. So if a more or less identical job exists, even if it has a different title, your employer must offer this to you. They could offer it to you but take you through a competitive selection process, for example interviews, and do not have to give you the job if you are not considered suitable for it, but if you have done the same job successfully for some time then it would be difficult for them to justify not offering it to you.

If you are eventually made redundant and believe the employer has not acted fairly as described above, then you can initially appeal directly to your employer and afterwards you can consider making a claim for unfair dismissal within 3 months of the dismissal. You need to have 2 years' service with the employer to be able to claim.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much