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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70801
Experience:  Qualified Employment Solicitor
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In my situation there are 10 roles available but 17 people

Customer Question

in my situation there are 10 roles available but 17 people currently in role. All have the same job grade and description. after one round of interviews we have been told that they cant make a selection. a second round has been arranged and we are told that they may not appoint 10 if people dont "make the grade". The implication being they will then recruit. The job title and package are the same and the job description very similar to the old one. What are grounds for challenging this?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: A manager and I have asked HR to clarify.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: not unionised. but does use consultants and employees.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no thanks.
Submitted: 6 days ago.
Category: Employment Law
Expert:  Ben Jones replied 6 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 6 days ago.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 6 days ago.
Thanks Ben. 3 years 6 months.
Expert:  Ben Jones replied 6 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. If the employer is trying to reduce their headcount and the remaining jobs are the same, or substantially similar to the ones from which the employees will be made redundant, it will be difficult for the employer to justify that these employees have not ‘made the grade’.

It would be understandable if the role was different and they had not previously proven themselves in it, or their skills, qualifications and experience does not necessarily match these that the employer is expecting. In these circumstances they should still be offered the role but it can be subject to a 4-week trial period to determine their suitability.

However, in this case, the roles are pretty much the same so saying that the employees who have successfully done the role up to now suddenly do not meet the grade, will be difficult to justify.

If anyone with over 2 years service is made redundant as a result, they could potentially look into claiming for unfair dismissal in the Employment Tribunal.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

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 6 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 6 days ago.
Thanks. Could you outline what a reasonable settlement or tribunal award might be in those circumstances?
Expert:  Ben Jones replied 6 days ago.

Hello, thank you for your further queries, I will be happy to answer these. That is very difficult to say as it largely depends on the strengths of your case, which I cannot analyse on here.

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

This is the minimum and on top of that you would also be after some additional loss of earnings compensation, based on how long you may be out of a job for as a result.

I hope this clarifies things for you a little bit more.