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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50466
Experience:  Qualified Solicitor
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I have just been presented with the consultation letter

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Hi
I have just been presented with the consultation letter saying that our Customer Service Department of which I am the Customer Services Manager is looking to be transferred to either an outside source or to another office 70 miles away in Rushden. Our office in Leicester was relocated to Rushden in December and for the last 6 months I have been managing a satelite office in Leicester, which I knew was temporary. I was told at that time in December that after the 6 months I could review my options and travel to Rushden if I chose or take redundancy, but now I do not seem to have that option and have been told to attend 2 consultations meetings which I am sure are simply to go through the motions. I know that the company has employed 2 new staff in Rushden and last week I had to give an induction to one of them on my role managing the help desk and was told that she "was not taking my job but needed to learn the background". Is it legal for them to make me and my colleague redundant whilst employing new staff in the new office?
Thank you

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

How long have you worked for the company?

Customer: replied 10 days ago.
11 years
Customer: replied 10 days ago.
I cannot ring you at this time as working

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. 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

Customer: replied 10 days ago.
I cannot ring

Thanks for your patience. For a genuine redundancy to occur, the employer has to show that there is a reduced requirement for employees to carry out work of a particular kind. So they must actually be reducing the number of employees in a role, rather than just replacing them. Therefore, if they are simply replacing you like for like, there won’t be a redundancy and the employer will likely be acting unlawfully. They can go down that route if they can show that your role actually disappears and what these new employees will be doing is going to be something different. But a replacement for you will not really be fair and it could end up being an unfair dismissal (if you are dismissed) or a constructive dismissal (if you are forced to resign as a result).

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on challenging this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer: replied 9 days ago.
Thank you. If my role of Customer Services Manager and the so called "customer services department" (currently known as a Helpdesk) was dismantled and they gave most of the duties I currently carry out to the newcomer (apart from taking calls) would that be considered unfair? They wouldn't be silly enough to give her like for like and will disguise it. Would it therefore be up to my solicitor to prove that she was pulling in all of my duties as well as a few others they have given her? Does it sound like I have a case?
Customer: replied 9 days ago.
Hi, will you be answering this question?

Hi there, sorry I was offline by the time you had replied. There is no specific percentage of similarity for this to be considered a like for like replacement and in the end it will come down to the specific facts and circumstances and for a tribunal to decide that. If the job is quite similar though, you should be given a chance to apply for it as well, because if you are at risk of redundancy the employer has a duty to offer you any suitable alternative employment that exists at the time, with a view to avoiding redundancy