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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50148
Experience:  Qualified Employment Solicitor
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I am about to be made redundant after returning to work from

Customer Question

I am about to be made redundant after returning to work from sick leave (2.5 months) In that time part of my role has been (without warning) given to someone else, and they are telling me that the reason for my role being made redundant is that they are reorganising.
To me, this does't feel fair, can you offer some advice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?

Customer: replied 1 year ago.
Since August 2013
Expert:  Ben Jones replied 1 year ago.

If part of your role was given to someone else in your absence and there is nothing in your contract allowing the employer to just do that, then that is indeed likely to be unfair. The employer should have kept you in the loop at the time, they should have consulted with you about the changes and they should have considered offering you something suitable. If as a result of this removal of part of your duties your job has ended up being made redundant, then there is a potential case for unfair dismissal. Whilst the employer is free to reorganise its jobs and they could have split your duties in the way they did, what they did not do is include you in these changes and consider you for any other jobs that may have been created by these changes. In the first instance you should appeal the redundancy directly with the employer. If the appeal is rejected and you are still made redundant, then you can consider the unfair dismissal option, which you must pursue within 3 months of your employment terminating.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow following a potential dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.