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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68936
Experience:  Qualified Employment Solicitor
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Recently made redundant. To put it very briefly the company

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Recently made redundant. To put it very briefly the company still has contacted workers and i was permanently employed. I was even tasked with training 2 for exactly the same role. Not looking for my job back but wanted to know where I stand legally with an appeal and on from there?

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 did you work there for? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 1 month ago.
Hi Ben. I was there almost 10 years. Approximately 5 years as a contract worker and just under 4 years as permanent.
I was one of a number under a redundancy plan due to department closure pencilled in for the end of next year.
As well as the 2 i trained up they employed another contract worker after i was released.
Customer: replied 1 month ago.
I'll keep to message for now
Customer: replied 1 month ago.
Sorry. I don't want to spend £44 on a phone call at this stage. I'm just looking for advice and guidance and where I can go from here.
I understood i could do this on line.
Customer: replied 1 month ago.
Are you still there?

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.

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:

· 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)

· 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)

· 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)

So as long as the employer can show that their situation fell within one of the definitions of redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would look at how the employer consulted with employees, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.

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Customer: replied 1 month ago.
thanks

All the best

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