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The reason - restructuring of the department. He is the only one affected.
Hi, sorry I was offline by the time you had replied yesterday. It is not unlawful to announce potential redundancies to the wider workforce, even if those affected were not informed first – it may appear morally incorrect, which I agree with, but it is not unlawful.
As far as the fairness of the redundancy, 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, but it is also the one they are likely to use here. Examples of when there is a reduced requirement to do work of a particular kind are:
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.
He is free to raise a grievance at any time, and can also appeal the redundancy once it has been confirmed. If the redundancy goes through he can also consider the unfair dismissal route but the success of that would depend on whether the employer can show that they meet any of the above-mentioned criteria.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Yes, thank you Ben.