How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50160
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

Jones - unfair dismissal (9) “If the employment is

This answer was rated:

For Ben Jones - unfair dismissal (9)
“If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so.”
Business is not great at the moment and the letter to employees does state that the reason for new contracts is to cut costs and minimise redundancies. However I don’t believe there is pressing business needs requiring drastic changes for the company to survive. This is based on the fact that although employees have been given new contracts there has not been any changes to pay, job roles etc for any employees. Only cut has been to payment of over-time (applicable to non-managerial staff).
Given this fact, can the employer still justify on the basis “pressing business needs requiring drastic changes for the company to survive”?
What compensation can Mr A seek for unfair dismissal?
Hi, finally getting there :) Some sound business reason is required to forcefully introduce the changes. There is no need for the employer to prove that the reorganisation was crucial to the survival of the business. In all such cases, the employer must provide evidence to demonstrate the business reasons for the change and must show that they were not trivial. The factors which are commonly taken into consideration by the tribunal in assessing the reasonableness of an employer's decision to proceed where it has failed to obtain an employee's agreement to proposed changes are:· The employer's motives for introducing the changes.· The employees' reasons for rejecting the changes.· Whether the employees were given reasonable warning of the proposed changes.· Whether the changes and full effect of those changes have been sufficiently and clearly explained to the employees.· Whether the employer has undertaken an assessment of the impact of the changes on employees and whether it has considered alternatives to any changes.· Whether a reasonable and genuine consultation process with the affected employees has taken place.· Whether a majority of the employees affected have accepted the changes. For damages in an unfair dismissal claim it is the same as a constructive dismissal one apart from there is no breach of contract aspect if the dismissal was terminated with notice. So see your question No. 8 for a recap. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 2 years ago.

If the employment is terminated and the employer offers re-engagement on the new terms.

If at that point Mr A is at a (1) face-to-face meeting or (2) has been notified in writing; But Mr A wishes to claim unfair dismissal. What should Mr A do in both situations to inform the employer that Mr A will take this to a tribunal on the basis of unfair dismissal?

Nothing at all needs to be done. The dismissal would have taken place so he can just proceed with the claim. There is no requirement to inform the employer that a claim is contemplated
Customer: replied 2 years ago.

Ok, thank you.

Just one last point. If Mr A was at a face-to-face meeting he should just end the meeting by accepting the dismissal and leave?

Or don't say anything and when the meeting ends just leave?

I'm asking this because the employer may in this instance immediately offer re-engagement offer on new terms.

No need to explicitly accept the dismissal he can just leave
Ben Jones and other Law Specialists are ready to help you