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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75108
Experience:  Qualified Employment Solicitor
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Redudancy at work with suspicious steps beeing taken by

Customer Question

Redudancy at work with suspicious steps beeing taken by employer
Submitted: 15 days ago.
Category: Employment Law
Expert:  Ben Jones replied 15 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 15 days ago.

Please provide some more details of your circumstances. 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 as soon as I can. Thanks

Customer: replied 15 days ago.
Im production manager in desserts factory then all of the sudden my manager call me and said that due to upcoming changes in the business he made my role redundant and giving me a nottice. It was on Friday. Then next Saturday morning I saw on Indeed advert for my role with exactly same title just little bit more salary offered.
Expert:  Ben Jones replied 15 days ago.

Thank you. How long have you worked there for?

Customer: replied 15 days ago.
Almost 2 years since 23rd September 2019
Customer: replied 15 days ago.
Im still there within my notice
Expert:  Ben Jones replied 15 days ago.

When does your notice period officially end?

Customer: replied 15 days ago.
On 17/09/21 however I have agreement with my manager that after my notice I can stay on lower team leader role for some time until I find suitable job
Customer: replied 15 days ago.
my employement continues until I leave
Customer: replied 15 days ago.
Any thoughts on this
Expert:  Ben Jones replied 15 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.

Your rights will depend on when your employment actually terminates (i.e. when you stop working there, even if you continue working there after your notice expires).

The key is whether this happens before you reach 2 years service or after. If you stop working there before the 2-year anniversary, then you will not be able to challenge them because you have no unfair dismissal protection until you have been there that long.

If your employment officially ends after the 2-year mark, then you will have unfair dismissal protection and can potentially challenge them for this being an unfair redundancy as your job is still there and you should have been given the opportunity to apply for it before being dismissed.

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

Customer: replied 15 days ago.
Ben, thank you very much for your explanation. I just need a clearance on one thing. If my contract as a manager ends before 2 years of continued service but I am still employed by the company just on lower pay rate I am still protected from unfair redudancy that happened just before I reached 2 years?
Expert:  Ben Jones replied 15 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. Yes you would be as the unfair dismissal protection depends on your continuous length of service. As your employment with the company would not terminate officially until you have gone over the 2-year threshold, it means that by the time that happens, you would have the required length of service to be protected against unfair dismissal and to challenge the employer if needed

Customer: replied 15 days ago.
Thank you, ***** ***** clear and Im sure of my right. Appreciate your support.
Expert:  Ben Jones replied 14 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best