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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50138
Experience:  Qualified Solicitor
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My Company is making me redundant on the basis that my role

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My Company is making me redundant on the basis that my role as Production Manager is no longer relevant and instead is being replaced by the role of a General manager. The new position will then have 2 other positions under it which currently are not in place. The reason given is that the business needs to improve its strategic direction and relationships with the HO buying and Operations teams. Can I argue that if I am given the 2 extra proposed staff, i can do this from my current position?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked for this employer for?

Customer: replied 4 months ago.
Since February 2017

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. You may indeed try and argue that the proposed option you have out forward is a reasonable alternative to making you redundant. Of course, it will depend on the strategy the company has in mind and if you are considered capable of doing this role (assuming it is not much different to the current one).

The main issue for you though is your length of service with this employer. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

· Making a protected disclosure (i.e. whistleblowing)

· Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. So even if you had a fantastic idea to avoid the proposed the redundancy and it made sense in all areas, the employer can still decide to make you redundant and you cannot challenge it.

So in a sense you have nothing to lose by proposing these alternatives to them, but do bear in mind the overall legal position as mentioned above ans that is what will determine your rights in the end.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 4 months ago.
OK what if I take an alternative job within the Company that still makes my current position redundant, am I able to still get my redundancy pay. (3 months notice)

No you have to be made redundant in a sense that your employment with the company terminates, not just your job. So you will have to be left in a position where there is no alternative work for you and your employment is terminated, in order to get that. If you continue working in the company, even in a different role, then you get no compensation. Hope this clarifies?

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