Employment Lawyers Can Answer Your Employment Law Questions
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 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
Many thanks for your patience. So is it the main role that is being made redundant, rather than the job you covered for your colleague?
Thank you. If you were only covering the role and not permanently moved in it, then I am afraid you cannot claim any rights over it and it is your substantive role that will be taken into consideration. Therefore, if that role was to be removed, you could well be at risk of redundancy regardless of the fact you have been covering another job temporarily.
In terms of renewing sponsorship, the employer can also do that – there are strict equality laws which require employers to treat everyone equally, no matter their nationality, so they would have been acting unlawfully if they failed to renew a foreigner’s sponsorship, just to save a British employee from redundancy.
Still, consultation meetings are precisely there to discuss the reasons for redundancy and raise any issues or concerns you have about them so do not hesitate to use them to discuss these matters with the employer if needed.
Does this answer your query?
There is a requirement to offer employees at risk of redundancy with offers of any suitable alternative employment that may exist. However, the employer is not expected to create jobs, only to offer them whatever is available and is suitable. You cannot measure how similar these roles should be as it will depends on the individual circumstances, however if a role is not considered suitable then it can be rejected and a request for redundancy still made.
Does this clarify things a bit more for you?
The employer is able to advertise any suitable alternative employment if needed – not just offer it to those at risk of redundancy., as long as they are offered the chance to apply as well.
But to ‘offer’ means to offer you the chance to consider it and apply for it, it is not a guarantee you will get it
That can potentially happen, it does not mean it will automatically be fair, but it is possible as long as the employer can justify why you were not considered suitable for this role over someone else
They are not obliged to, no, but you will have a good argument that you are suitable for it so why choose someone else instead o you if you have already been doing it?
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
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No worries, has your original query been answered please?
Sorry could you please confirm if your query has been answered as I need to know to close the question, thank you