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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49804
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am making a post redundant due to cost savings required

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Hi I am making a post redundant due to cost savings required and restructure there is no longer a need for the post.The post holder has been with us for 10 years. I am following consultation process and of course will pay redundancy and notice pay.Is there anything else I need to be aware of/ need to do?We have a post available but it would not be suitable as the post is a much more senior post. Do we need to offer this post to the person being made redundant? The post avaliable is a senior Administration Manager and the one being made redundant is Academic Manager so It would not be suitable alternative employment.Please adviseThanks

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

Is this the only position that is being made redundant within the business?

Legally, in a redundancy situation you would need to ensure there is a fair redundancy case to start with (i.e. one meeting the statutory definition of what a redundancy is), that you consult with the affected employee (which means having some form of meaningful discussion with them over what has brought around the redundancy and see if there are ways around it, plus offering them suitable alternative employment) and finally confirming the redundancy and offering them the chance to appeal, paying them what is due if the appeal is unsuccessful.

It does not sound like the job you have is suitable for them as it is more senior and they may simply not have the required level of qualifications or experience so something not suitable does not have to offered. Assuming the rest of the requirements are followed you would have discharged your statutory duties in redundancy.

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

Customer: replied 1 year ago.
Hi Ben Do we have to offer the right to appeal? how does that work do e have to have an appeal hearing?Thanks so much

yes you do have to offer the right to appeal, if they appeal then you will need to hold an appeal hearing to listen to their appeal points then make a decision based on those and the overall situation

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