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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 69192
Experience:  Qualified Employment Solicitor
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I have worked for the company for 25 years as a payroll

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Hello I have worked for the company for 25 years as a payroll supervisor but have been paid it as an honorarium for 10 years. They have now decided they don't want a supervisor anymore and have put me back down to a payroll administrator. I am off sick with the stress do you think my position is classed as redundant
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I am having discussions with my HR office and they want to know if I am going back to work
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee for 25 years, no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks just advice on redundancy

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.

What reason have they provided for wanting to do this?

Customer: replied 7 months ago.
The company does not need a supervisor now even though I am training 2 employees
Customer: replied 7 months ago.
I thought this was free advice
Customer: replied 7 months ago.
are you there please

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. 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

In your case you can argue that the removal of the supervisor’s position means there is a redundancy as they no longer require employees doing that particular role.

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.

If the offer is considered suitable and the employee unreasonably rejects it, they will be deemed to have resigned and would not be made redundant or be entitled to a redundancy payment. If the offer is unsuitable and they reasonably reject it, they can still be made redundant and receive redundancy pay.

Reasonableness is based on the subjective reasons the employee has for rejecting it, such as personal circumstances, health, family commitments, etc. Suitability is based on both objective and subjective criteria, with the most common factors that make an offer unsuitable as follows:

· Job content/status – drop in status (even if pay remains unchanged), changes in duties, which do not match the employee’s skills

· Pay and other benefits – significant drop in earnings/benefits (e.g. basic pay, bonuses, overtime, commission, etc)

· Working hours – change in shift pattern, significant extension/reduction of working hours

· Location – new location making it unreasonable to travel to the new place of work

· Job prospects – going from permanent to temporary or fixed-term work

Where an offer of alternative employment has been made and its terms and conditions are different to the employee's current terms, they have the right to a 4-week trial period. This is an opportunity for both employer and employee to determine its suitability. If during the trial period they decide that the job is not suitable they should tell their employer straight away and terminate the trial period. Assuming the above criteria apply and the offer was not suitable and was reasonably rejected, they should still be made redundant from their original job and receive redundancy pay.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 7 months ago.
I think so

Do you have any further questions you need me to answer in relation to this?

Customer: replied 7 months ago.
No thank you

No worries, all the best for now

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