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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 67809
Experience:  Qualified Employment Solicitor
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I am at the risk of redundancy but I thing that this is an

Customer Question

I am at the risk of redundancy but I thing that this is an unfair decision
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I had the first personal consultation and will have the second one on Monday
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee, being with them for nearly 4 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My role is qualified as 'stand alone' when I did the job of my other colleague for 2 years on my own, secondly they renewed the sponsorship of my colleague when I was made at the risk of redundancy and thirdly in the new structure my role is still on but the job title has changed. Based of the above I think it's unfair
Submitted: 5 days ago.
Category: Employment Law
Expert:  Ben Jones replied 5 days 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 5 days 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 5 days ago.

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

Customer: replied 5 days ago.
I have been with the company for exactly 4 years on the 25th of July
Customer: replied 5 days ago.
I am a permanent employee.
Customer: replied 5 days ago.
I have had my first consultation with HR and my manager.
Expert:  Ben Jones replied 5 days ago.

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?

Customer: replied 4 days ago.
my role is considered as a standalone role and it is only my role that is at Risk of Redundancy - not the role I covered for nearly 2 years on my own. The sponsorship was offered for the role I covered for 2 years
Customer: replied 4 days ago.
I have another question to raise. Can an employer renew sponsorship for a non UK employee when they are putting UK employees who have the same skillset at risk?
Customer: replied 4 days ago.
Do I have to mention in the second consultation meeting the reasons why I think my redundancy is an unfair dismissal?
Expert:  Ben Jones replied 4 days ago.

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?

Customer: replied 3 days ago.
Is it a legal obligation for the companies to accommodate those at risk of redundancy with similar vacant roles and how similar these roles should be?
Expert:  Ben Jones replied 3 days ago.

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?

Customer: replied 3 days ago.
If a similar job role exists and the company has advertised externally, whilst making people redundant - is that something that can be seen as unfair?
Customer: replied 3 days ago.
by offering, does that mean they are offered automatically or through an interview process?
Expert:  Ben Jones replied 3 days ago.

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

Does this clarify things a bit more for you?

Customer: replied 3 days ago.
even though the roles are similar, the company can employ someone else and make me redundant?
Expert:  Ben Jones replied 3 days ago.

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

Customer: replied 3 days ago.
If I prove to the employer that the role that they have advertised is what I am doing currently - are they obliged to then give me the role?
Expert:  Ben Jones replied 3 days ago.

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?

Expert:  Ben Jones replied 2 day 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 1 day 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

Customer: replied 1 day ago.
Hi Ben, just to confirm I have no further questions
Expert:  Ben Jones replied 1 day ago.

No worries, has your original query been answered please?

Expert:  Ben Jones replied less than 1 hour ago.

Sorry could you please confirm if your query has been answered as I need to know to close the question, thank you