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Remus2004
Remus2004, Advocate
Category: Employment Law
Satisfied Customers: 75251
Experience:  I am a barrister
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I was given at risk of redundancy on the 8th july. I have

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Hi. I was given at risk of redundancy on the 8th july. I have been employed with the company for 1 year and I am the only individual being made redundant. the reason for redundancy is not in question, it is a restructuring and my level of grade is not required (although I do believe I am being discriminated against but have little proof). I have applied for another role in the company whilst in consultation and the company have now sent me a message with the following: "please note if we are unable to find a feasible alternative to redundancy at the conclusion of this next meeting (25th July) we may confirm your dismissal by reason of redundancy. If this is the case we anticipate that your last working day would be October 25, you will be placed on garden leave for the duration of your notice period until the recruitment process has concluded". In otherwords, the original PILON I was offered is now being taken off the table to allow for the recruitment process of the role I have applied for. Is this OK? And what options do I have?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I have had 2 consultation meetings only with my new direct manager (who placed me at risk) and HR - the 3rd meeting which I received notice of yesterday) is scheduled for next Thursday
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee
JA: Anything else you want the lawyer to know before I connect you?
Customer: I work in Financial Services, for a company called St James's Place Wealth Management. I was hired originally as Operations Manager for their Newcastle & Scotland offices, I have applied for a role similar in level to that of my own but have a knowledge gap which the company could support me retraining in

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

How long did you work there ?

Remus2004, Advocate
Category: Employment Law
Satisfied Customers: 75251
Experience: I am a barrister
Remus2004 and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
from June 2018 to current date - I am aware that I have little protection under 2 years

Hi there, my colleague has asked me to assist with this as it is more my area of law. First of all you cannot really challenge the redundancy it’s self as you need to have at least 2 years’ service to claim for unfair dismissal. You mentioned possible discrimination but have yourself admitted that it will likely be difficult to prove.

In terms of the PILON, that is down to the employer I’m afraid. They may have considered offering it to you to start with but until you have been issued with formal notice of redundancy they are allowed to change their mind. They could therefore expect you to either work your notice period or be placed on garden leave for its duration and you have to accept tat if you wanted to get paid for that period. Sadly, the only way around it is to negotiate with the employer but it is entirely down to them whether they go down the PILON or other routes.

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