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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70772
Experience:  Qualified Employment Solicitor
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Whilst I and three other members of staff have been on

Customer Question

Whilst I and three other members of staff have been on furlough other members of staff who normally do other work in the company have been doing the work we normally do . We have now been informed that the company are looking to make us redundant but not the people who have been doing our job for the last 6 months or so. I have worked for the company for just over 40 years. How can this be fair. Surely we should have been brought back from furlough to carry out the work that was clearly there for us to do ?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: A redundancy process is ongoing with the company .
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: We are all employees. Some of us belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: If after the process a number of employees are on the same number of points what is the criteria for making anyone redundant ? And can I challenge the company's decision if it goes against me ?
Submitted: 5 days ago.
Category: Employment Law
Expert:  Ben Jones replied 5 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 5 days ago.

I am sorry to hear of the situation you are in. Has your employer provided any reason for this and did they follow any sort of procedure with regards ***** *****?

Customer: replied 5 days ago.
The redundancy process is still ongoing. The reason , they say , is that there is no work for us yet other members of staff have been moved from a different job to do ours
Customer: replied 5 days ago.
I am actually asking on behalf of a very close friend . He is taking this very hard
Customer: replied 5 days ago.
I am just trying to help him as much as possible
Expert:  Ben Jones replied 5 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.

Customer: replied 5 days ago.
Many thanks
Expert:  Ben Jones replied 5 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 he has experienced in his situation.

When a redundancy situation arises, there is a legal obligation on an employer to ensure that it applies a fair selection method when deciding on who is to be made redundant.

Unless someone’s job is unique and they are the only one performing it, the first step for the employer is identifying the pool of employees from which the selection will be made. Often that could be a particular role, a department, even a whole office. There is no fixed procedure which deals with how a pool should be selected and the employer only has to show that its choice of pool was within the range of reasonable responses, depending on what has triggered the need for redundancies. This could often be linked to the needs of the business, for example a need to reduce a particular expense linked to a team, outsourcing certain work, business reorganisation, etc.

The general rules state that when deciding on the choice of pool, the employer should start by considering two questions, which will help them identify which employees should be included:

- Which particular type of work is disappearing or needs to be reduced?

- Which employees perform that particular kind of work?

Whilst the employees covering the work now may not have been doing the work originally, once they are moved into that role and treated as a permanent replacement, they should be treated in the same way as the workers who dud this and are now facing redundancy.

Once the pool has been established the employer has to decide how to select those employees from it, who are to be made redundant. There are various ways of doing this and the more commonly used methods are:

- Scoring matrix based on various criteria (e.g. disciplinary record; standard of work; skills, qualifications or experience; attendance record, performance, etc.) – the employer cannot discriminate when they score employees, which means excluding absences or performance issues related to a disability, pregnancy, maternity, etc

- Asking employees to re-apply for the remaining jobs and going through a competitive interview process, with the unsuccessful ones being made redundant

Whichever method is going to be used, the employer must apply it fairly, consistently and objectively. Unfair selection for redundancy could make the whole dismissal unfair so if there are concerns over the employer's methods of selection, this can be raised in the consultation meetings, in the final redundancy meeting or as part of an appeal. Following redundancy, the option to challenge this in the Employment Tribunal under an unfair dismissal claim also exists.

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.

Expert:  Ben Jones replied 5 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.

Customer: replied 5 days ago.
Hi, just read your reply on the quick. I will read it thoroughly a little later on. Many thanks
Expert:  Ben Jones replied 5 days ago.

No worries, thank you