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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50169
Experience:  Qualified Solicitor
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I am an NHS employee (total 13years) and have been in my current

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I am an NHS employee (total 13years) and have been in my current job since Jan 2014. Part of a team created for a specific specialised role (Team of 8 now only 5 remaining). We were told in Dec 2014 that the team was to be disbanded March 31 2015 due to no funds. There was no transparency regarding the funding of the team despite the Trust knowing that funding was not secured from when were we recruited the team (they told us it was a gamble so they could get permanent staff!) We were therefore not able to make informed decision when taking up the jobs. The Trust failed to follow proper consultation process and we put in a grievance which they acknowledged and upheld on May 2015. The specific actions agreed to resolve the grievance have not been done and there is no communication whatsoever about what is going on despite Unions asking. We have now submitted a stage 2 grievance and still not heard anything from the Trust. Since I am "at risk" employee there are no time frames to anything at all regarding the team ceasing to function and it is impossible to move forward. Can you advise where I stand legally with regards ***** *****? There are no suitable job alternatives provided by the Trust and as this is a specialised area it was a big career change. Due to being in this position I have started looking at other options but it is difficult without knowing the fate of the team.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you doing at present, what is your current job compared to what you originally did?
Customer: replied 2 years ago.

I used to work in a rehabilitation ward doing shift work and direct patient care but chose the current job due to straight 8-4 shifts and office based working in the community assessing for NHS Continuing Healthcare.

So are you still doing the job from which you are potentially being made redundant from?
Customer: replied 2 years ago.

Yes with minimal staff but same workload and we were told the job will be transferred to a district nurses but they are in grievance too as this is being added to their work load and they are not trained to do it.

The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:
1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).
The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:
• The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).
• There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)
• There is less work of a particular kind, but the same number of employees are required overall.
The main issue here is that your job still exists and even though you are at risk of redundancy, until a decision has been made and the employer either decides to reduce their headcount or completely removes the job, you could be left in limbo. It is not unlawful to keep employees at risk for a period of time until the employer decides which route to follow. I fully agree that it is not nice to be kept on your toes and not know what would happen but you still have your job and until formal steps are taken to remove it or downsize then you would be expected to continue working in it until the employer has made a decision. You cannot force them to proceed with the redundancy and in the meantime you would have to continue working as normal or try to find a new job. If you were to leave before a redundancy is confirmed then you would not be entitled to any redundancy pay. The only way that would happen is if you are made redundant first and then leave as a result.
So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would include what consultation took place, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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