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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61821
Experience:  Qualified Employment Solicitor
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I was made redundant on 11/10 this year. During 3 weeks

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I was made redundant on 11/10 this year. During 3 weeks consultation period I was informed that our office was closing and all furniture was being removed. I was the supervisor. It has come to light that there has been someone working in the office from another branch on a computer terminal that has been left in the office for him since the 14/10. The branch is still open as far as 6 drivers who were kept on. However the only reason was so that they could collect a vehicle or go to the toilet. My question is where do I stand with regard not having been offered the job in the office.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I have spoken with HR yesterday and they are getting back to me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee and no I dont belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so

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

How long had you worked for this employer?

Customer: replied 11 days ago.
13 years

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.

Many thanks for your patience. If there is a redundancy situation, the employer has a duty to make a reasonable search for suitable alternative employment (SAE). If such positions exist they must then be offered to those at risk of redundancy. The objective is to avoid having to make someone redundant and keep them in a job.

 

There are two possible outcomes of this:

  • The employee accepts the offer – in this case their employment will continue in the new role and thee would be no redundancy
  • The employee rejects the offer – if that happens and the employee expects to still be made redundant, whether they do depends on the suitability of the offer and the reasonableness of their rejection, which I will discuss below.

 

So it is important to consider whether this job was suitable for you in the first place and if it was entirely different than what you used to do they would not have had to offer it to you, but if it was and they didn’t you could potentially argue that this was an unfair dismissal. In that case your only option now is to make a claim for it in the Employment Tribunal.

 

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 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this clarify things a little bit more for you?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 days ago.
Thats great Thank you. I will wait to hear what HR say.

All the best