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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52643
Experience:  Qualified Solicitor
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I have been put on notice for redundancy after 15 years

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I have been put on notice for redundancy after 15 years service.
I have had 1 consultation meeting.
There are 7 people with my title role at least one is taking voluntary redundancy.
I was personally assured at Christmas time by the MD that I would have another project and that I could be used to fill in time between this starting as a mentor to a junior member of staff or planning.
Two other colleagues had their titles changed in January and therefore missed this round of redundancy.
Can you tell me how I stand as I'm being offered statutory redundancy and 3 month salary in lieu of notice.
Friday is the final day for notice.
The whole period has been two weeks on Friday.
If |I am one of the chosen to be redundant what should I be walking away with Friday from the head office.
Regards
Steve

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

What is the reason for you being put on notice for redundancy

Customer: replied 6 months ago.
Lack of new work coming in

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

Many thanks for your patience. First of all it is important to consider whether there is a genuine redundancy or not. According to the Employment Rights Act 1996, redundancy occurs in the following circumstances:

1. Business closure – where the whole of the employer’s business is closed

2. Workplace closure – closure or relocation of the location where the employee worked

3. Reduced requirement for employees to carry out work of a particular kind

Generally, redundancy occurs when an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. There are various reasons why this may happen, 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 one of the statutory definition of redundancy above.

One of the frequently misunderstood reasons for redundancy is when it is caused by an alleged reduced requirement for employees to carry out work of a particular kind. Many people think a job has to actually disappear for there to be redundancy but that is not the case and the following are examples of genuine redundancies:

· The same amount of work remains but fewer employees are needed to do it (this can include consolidation of jobs by spreading out certain duties amongst existing employees or outsourcing the work to contractors)

· There is less work of a particular kind and fewer employees are needed to do it (e.g. when a client reduces their work with the employer)

· There is less work of a particular kind, but the same number of employees are required overall (e.g. having to reduce employee’s hours)

So as long as the employer can show that their situation fell within one of the definitions of redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would look at how the employer consulted with employees, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.

Assuming there is genuinely lack of work in your role and you have to be made redundant, the employer does not have to offer you more than the statutory redundancy amount and your notice period, unless your contract entitled you to enhanced redundancy.

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

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