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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61205
Experience:  Qualified Employment Solicitor
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Assistant: How can I help? I have been made redundant from a

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Hello.
Assistant: Hi. How can I help?
Customer: I have been made redundant from a role that is still there. I have been with the company 19 years almost and the role has been handed to my apprentice because he is cheaper in their words.
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: We do not have HR and it’s only one director who is the one that has offered this too me, so impartial advice is not available
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee, no union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: i have been given 3 months notice with statutory redundancy only

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Is that the official reason your employer has provided for making you redundant? Also, what is your specific question in relation to this please?

Customer: replied 12 days ago.
I have only my redundancy offer in email. There is no mention of a reason other than a apology that they ‘need to shrink’

OK thank you and what would you like to ask about this please?

Customer: replied 12 days ago.
Do I have a right to claim that the post should not have been offered to my apprentice over me?
Customer: replied 12 days ago.
He is obviously lower cost
Customer: replied 12 days ago.
Hence their reason for offering him the position

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 12 days ago.
My position is not redundant. In fact I am being asked to gracefully handover the IT system to my apprentice within 30 days.
Customer: replied 12 days ago.
Understood thanks Ben

Many thanks for your patience. According to the Employment Rights Act 1996, redundancy occurs in the following circumstances:

 

1. Business closure – where the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of the location where the employee worked

3. Reduced requirement for employees to carry out work of a particular kind

 

Generally, redundancy occurs when an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. There are various reasons why this may happen, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied one of the statutory definition of redundancy above.

 

One of the frequently misunderstood reasons for redundancy is when it is caused by an alleged reduced requirement for employees to carry out work of a particular kind. Many people think a job has to actually disappear for there to be redundancy but that is not the case and the following are examples of genuine redundancies:

{C}· 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 or outsourcing the work to contractors)

{C}· There is less work of a particular kind and fewer employees are needed to do it (e.g. when a client reduces their work with the employer)

{C}· There is less work of a particular kind, but the same number of employees are required overall (e.g. having to reduce employee’s hours)

 

If none of the above apply, then you could indeed argue that there is no redundancy and in your case I would ay that the fact the job remains, that the same number of employees are still needed to do it and that it is a like for like replacement, just cheaper, means it is not a genuine redundancy. On that basis you can appeal with the employer, before considering whether to make a claim in the Employment Tribunal for unfair dismissal.

 

Does this answer your query?

 

Customer: replied 12 days ago.
I think it does Ben yes! Thank you so much.

All the best

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