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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70963
Experience:  Qualified Employment Solicitor
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I've been working for a company for 13yrs and 9 month and

Customer Question

I've been working for a company for 13yrs and 9 month and they are looking to make me redundant. I worked for them full time for 9 yrs and then part time for 4 yrs. what is my rights if they do make me redundant? Thanks
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Yes with a manage giving me a letter for title At Risk letter which states with the current climate there will be redundancies due to the loss of business and i am having a meeting to discuss my options and what i can do to the propose to how i can save my job meaning can i drop hours?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Submitted: 17 days ago.
Category: Employment Law
Expert:  Ben Jones replied 17 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 17 days ago.

Hi there. I am sorry to hear of the situation you are in. Can I just check, had you been furloughed at all? and is there anything in your contract that allows your employer to do this?

Customer: replied 17 days ago.
ok
Expert:  Ben Jones replied 17 days ago.

Thank you. Can I just check, had you been furloughed at all? and is there anything in your contract that allows your employer to do this?

Customer: replied 17 days ago.
on furlough at the moment. I have ask for my contract and they told me they will email me it but havent yet?
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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 17 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

According to Section 139 of the Employment Rights Act 1996, redundancy occurs if a dismissal is wholly or mainly attributable to one of the following circumstances:

1. Business closure – the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of the actual workplace 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 reasons for the proposed redundancies can rarely be challenged and the employer will simply have to justify that they satisfied at least one of the statutory definitions of redundancy above.

The third reason, where there is a reduced requirement for employees to carry out work of a particular kind, is the one that is often misunderstood. Many people think that a job has to actually disappear for there to be redundancy. However, that is not the case and a job can still continue to exist, whilst employees who perform it can be made redundant. For example:

· 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)

Another consideration is that the legal definition pf redundancy specifically refers to a reduced requirement for ‘employees’ to carry out work. That means a redundancy can potentially occur where the employer simply replaces employees with ‘non-employees’, such as agency staff or contractors.

As long as the employer can show that their situation fell within one of the official definitions of redundancy, the initial test will be satisfied and the focus then shifts on the remainder of the redundancy procedure, which must be conducted fairly. That would look at how the employer chose the pools for redundancy, what consultations they held with the affected employees and whether any suitable alternative employment was offered to those at risk.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 17 days ago.
if they do make me redundant what am I entitled?
Expert:  Ben Jones replied 17 days ago.

Hello, thank you for your further queries, I will be happy to answer these. When someone is made redundant, they will be entitled to the following payments by law as a minimum

{C}· Notice pay for the contractual notice period which must be at least as long as the statutory entitlement (1 week’s notice for every full year of continuous service, up to a maximum of 12 weeks)

{C}· Statutory redundancy pay, which you can calculate here: https://www.gov.uk/calculate-your-redundancy-pay

{C}· Any accrued holiday pay for untaken holidays in the current holiday year

I very much hope that your further queries have been answered to your satisfaction and please do not hesitate to get back to me if you need further clarification.