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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74354
Experience:  Qualified Employment Solicitor
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I work for transport & warehousing company. My job title is

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Hello,
I work for transport & warehousing company. My job title is Warehouse Administrator, it's a full time job with working hours 9am-5pm with an hour unpaid lunch break. I have been on furlough since 6th April. I received a redundancy warning letter saying '' I regret to confirm that your role is potentially going to be made redundant. The reasons for this are that due to the current work levels and volumes within the business which we believe are a result of the Covid 19 pandemic there is not sufficient work to sustain the role. As a result, I am writing to confirm that the Company has now commenced consultations with you, with an aim to avoiding or minimising the need for redundancy''. I have since then had a meeting with a manager to discuss this matter. I said that I am aware how busy they were during my furlough period (Copany Director has confirmed this to all the employees staying on furlough - ''warehouse is full and operating well''. ). I know from my colleague, who has been doing my job, that he hardly could manage all the tasks he was given, and that he was asked to train another employee to do my job. I was also told, that my job, even before pandemic, only took 3 hours a day (my working hours are 9am-5pm). This is not easy to calculate, as the customers are sending orders throughout the day, and on a spare time I was helping other departments within the company, ususally doing manual job in the warehouse. My question is, is this genuine redundancy? Or is this unfair dismissal? Let me say that I am the only person in the company who's job title is Warehouse Administrator, the job still needs doing, and they are training another employee (not a new emplouee, but the employee who has been with the company for over 1 year now) to do my job.

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 have you worked for this employer? and what are you ideally hoping for, given the circumstances?

Customer: replied 1 year ago.
Hello Ben, I am ready to answer all your questions.
Customer: replied 1 year ago.
On the 14th June it will be 6 years. I am hoping that this is not a genuine redundancy, I want to keep my job.

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. 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

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:

· 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.

Does this answer your query?

Customer: replied 1 year ago.
Hello Ben, thank you for the answer. I just want to say that my job was my job, I was the only person in the company doing my job and now they are training someone else and want to make me redundant. Do I have grounds to appeal against it?

Yes, if the job is still there and the same number of employees are still required to do it.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much Ben.

All the best