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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50487
Experience:  Qualified Employment Solicitor
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I was employed 3 years ago after the business went into

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I was employed 3 years ago after the business went into decline and the owner stepped back from running it although the owner still took a wage I began running it. a year ago the owner came back
Assistant: Where are you located? It matters because laws vary by location.
Customer: UK
Assistant: Has anything been filed or reported?
Customer: In what respect ?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: A year ago he returned on a ad hoc basis as the business was building under my management, he brought with him a friend who I was informed to employ and they worked 1-2 days per week. He has now decided he wants to be more actively involved and has decided to make me redundant. I have not been considered for any other roles and the general Managers role was put into a pool of one, so my consultation was a week and i was made redundant. I fully expect he will now increase his hours and do my role

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

What would you like to know about this please?

Customer: replied 6 months ago.
Hi Ben, I'd like to know if I can be made redundant because the owner who existed the business and employed me now wants to take the role back again.
Customer: replied 6 months ago.
that should have said exited the business 3 years ago !

Were there any other jobs which you could have been offered as an alternative?

Customer: replied 6 months ago.
There was an assistant mangers role, but it was deemed that I didn't have the skill the assistant manager ?
Customer: replied 6 months ago.
skill sets of the assistant manger ! (he could type better than me obviously)

Thank you :)

OK well being the owner of the business it could be difficult to argue that you should have been placed in a selection pool against him and potentially made him the one to be redundant. It is not unusual for some smaller businesses to get the owners to take on some of the duties and to make the staff doing them redundant. Being the ones running or owning the business means that they cannot realistically be selected for redundancy and as they are not doing the job already they won’t be considered in the pool of those facing potential redundancy.

If you think there were other suitable jobs which you could have done then the employer should have offered these to you. It does depend on whether you were considered suitable for the role though and if the employer thought that it is something which was suitable for you. If it was clear that you were suitable for that role but it was not offered to you then it can potentially make the dismissal unfair and that would be the main grounds on which you could challenge this.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you decide to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks Ben, Just to give you a bit more info (not sure if it helps?). The business was inherited by the owner, he ran it into the ground then stepped back and i was brought in by the owners relatives. He took a job as a van driver and as I say came back after I had pulled back from the brink, he took on the roll of cashier working 1-2 days a week and then forced me to bring in his "friend" as his PA. They then started purchasing things without my knowledge through the business for themselves. I challenged this and a few weeks later was told I was on risk of redundancy. I was then sent home and started receiving texts from my work colleagues stating they had been told I was being made redundant. This was before my consultation meeting. At my consultation meeting I raised over 20 points for consideration and the decision to make me redundant took 35 minutes ! My plan is to bring a case of unfair dismissal because they didn't follow the procedure and informed staff i had gone before the consultation meeting (which I can prove). There solicitor has already quoted Polkey to me as their defence because my job was going to go anyway. However i feel the whole situation would be classed as unfair and I would be entitled to compensation ?

Polkey could be relevant in relation to the procedure followed (if they can show that the outcome would have been the same even if the correct procedure had been followed). However, Polkey may not be relevant when it comes to the redundancy situation itself and whether your job was no longer needed.

One example of fair redundancy is where the same amount of work remains but fewer employees are needed to do it (this can include consolidation of jobs by spreading out certain duties amongst existing employees). A like for like replacement is unlikely to qualify but if it was a case of it being taken over by the owner, someone in charge of the business, who cannot themselves be replaced, then it can create a viable case.

In any event, before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

Customer: replied 6 months ago.
Thanks Ben

you are welcome