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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49834
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been put 'at risk' of redundancy with the reason

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I have just been put 'at risk' of redundancy with the reason that the area in which I work is ceasing (they are calling it the change function). However, I work within the Internal Audit 'Change and IT' function. Two other employees work in this function but have not been put at risk. The reason given is that they are both IT only and I am Change and IT - is this a valid argument when I am equally as capable of doing IT audits as them - but have been assigned change work by my manager because I can do it?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Just short of 2 years. My anniversary is 8 July.

In my 'at risk' meeting with HR I was told that as the notice period covers my anniversary I will get 2 years redundancy in line with policy, but at my first consultation meeting then said I won't as the end date is 30 June and I will be paid in lieu of notice.

80% of the team have been put at risk, at my consultation meeting I was shown the new structure chart, then called back in half an hour after it ended as I had been talked through the wrong one. There are no role profiles available for the roles that have been created and they are saying this process ends on 30 June.

Does your contract state that you can be paid in lieu of notice?
Customer: replied 2 years ago.

Clause 11 of my contract states:

11. Payment in lieu of notice

Where notice is served to terminate your employment, whether by the Company or you, the Company may terminate your employment at any time with immediate effect by:

(a) making a payment in lieu of the notice period, or remainder of the notice period, equivalent to your salary at the date of the termination, and

(b) continuing to provide all the benefits you were entitled to until the date which notice would otherwise have expired, or paying you compensation in respect of any of those benefits equivalent to the cost of the company providing the benefit over the relevant period.

It is not great news in this case unfortunately. Until you have at least 2 years’ service you are not protected against unfair dismissal. This means that the employer could dismiss you for more or less any reason and without following a fair procedure, as long as their decision is not based on discriminatory reasons. This would be if for example you were selected due to your age, gender, race, religion, etc. however I see no evidence that any of these exceptions are relevant here.
So they could select you for redundancy for whatever reason they want, even if it appears unfair. They could pick on you and allow others to remain in their jobs, even if you all do the same or similar work. In general there would be a requirement to ensure that there has been a fair and objective selection for redundancy but this does not apply here because you do not get protection against unfair dismissal and as such cannot challenge how they came about choosing you for redundancy.
They have the right to pay you in lieu of notice so they could legally terminate your employment before your anniversary and before you are eligible for any protection against unfair dismissal. If they are going to terminate you as planned on 30 June then you cannot challenge the dismissal nor can you challenge the reasons why you were selected for redundancy. You will also not get a redundancy payment as that also requires 2 years’; service. You will nevertheless get your notice period and any outstanding holidays due.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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