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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70307
Experience:  Qualified Employment Solicitor
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Am 68 been 20 years part time but the company has been taken

Customer Question

Am 68 been 20 years part time but the company has been taken over and all the jobs I did have been given to other staff members consequently they have cut me down to 2 mornings a week(5hrs) down from between 20-25 hrs a week. The ops manager says they will not give me redundancy what can I do
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: A manager and she spoke to the ops manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and don,t think a union is involved
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No don,t think so
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

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.

Expert:  Ben Jones replied 7 months ago.

So what are you contracted hours?

Customer: replied 7 months ago.
Original contract up to 40 hours but only ever did 22-30 max but that was 4 years ago. The company got taken over and they had to take me on although my job title did not exist. Then last August got taken over again.
Expert:  Ben Jones replied 7 months ago.

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.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. The new employer will have a duty to take you on under your existing terms and conditions and honour them. This means keeping you in the same job and on the same terms, such as hours and pay.

Whilst minor, unavoidable changes may be acceptable, what has happened to you sounds like quite a major one. If your job does not actually exist any more, the employer should be looking at a redundancy procedure. Before they make you redundant, they need to offer you any suitable alternative employment which may exist. What you have been given does not look suitable though so you should be able to reject it and punish for redundancy instead.

Regardless of the above, you cannot force the employer to make you redundant, even if they should. In that case, you will need to consider resigning and making a claim for constructive dismissal in the Employment Tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Does this answer your query?

Expert:  Ben Jones replied 7 months ago.

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

Expert:  Ben Jones replied 7 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you