How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

I have been an employee at a college years continuous

This answer was rated:

i have been an employee at a college for 8 years continuous service on a mixture of 0 hours contract and contracted maternity cover. i was told at the beginning of September by my work colleagues that they were all being made redundant as our department was closing down.
the college did not inform me of this and I have been in constant Email contact with the HR department about this.
I have been advised by ACAS that I am entitled to redundant but not sure where to go from here.
I have asked my employers if there are any hours for me but have not had a definitive answer yet.
I have not had any work while I have been waiting for an answer.
Could you give me some advise to weather I have a case for redundancy.
Yours sincerely ***** *****
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you currently working under a zero hours contract?
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
my last contract was 6 months maternity contract which ended 6th July 2015 but my 0 hours contract is still current.
The college has acknowledged my request for hours and have offered me hours in a department that I'm not qualified to teach.
You would be entitled to be made redundant if there is a redundancy situation and you are covered by it. 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 Employment Rights Act 1996 states that a redundancy occurs when there is a:
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).
So if your job ceases to exist that would mean there is already a potential redundancy situation. The employer would then have to try and find you suitable alternative employment to keep you in a job if possible. If you are offered suitable employment and you unreasonably refuse it then you would be giving up your right to receive redundancy pay. However, if the offer is unsuitable or you reasonably refuse it then you would still be entitled to redundancy.
So the main issue is what makes an offer suitable and when can an employee reasonably refuse it. The most common factors that would make an offer unsuitable are:
• Job content/status – drop in status, substantial changes in duties, etc.
• Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, sick pay, holidays)
• Working hours – change in shift pattern, removal of overtime, extension/reduction of working hours
• Change of workplace – new location making it unreasonable to travel to the new place of work
• Job prospects – going from permanent to temporary work, becoming self-employed or being employed on a fixed-term contract.
Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. If during the trial period they decide that the job is not suitable they should tell their employer straight away. This will not affect their employment rights, including the right to receive statutory redundancy pay.
So it is important to consider whether any offer that has been made is suitable or if there are reasonable grounds to treat it as unsuitable and safely reject it, opting for redundancy instead. If the employer does not make you redundant when they should, then you may consider resigning and claiming constructive dismissal in the employment tribunal.
Customer: replied 2 years ago.
so is my situation covered by this?
If the department is closing down and they cannot offer you suitable alternative employment, then yes it would be