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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61133
Experience:  Qualified Solicitor
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I am not sure, do you deal with employment legal questions?

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I am not sure, do you deal with employment legal questions?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: it has been discussed with HR
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees not unionised
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think I am about to be made redundant and I believe I have been treated pretty poor and would like some advice

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Customer: replied 10 days ago.
ok

Please explain how you have been treated poorly and how long you have worked there for?

Customer: replied 10 days ago.
Am I still going to be charge £44
Customer: replied 10 days ago.
Please can you make sure you do not charge me if I am unable to talk to you please.

Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfill it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with.

Please provide the information requested so that I may advise

how you have been treated poorly and how long you have worked there for?

Customer: replied 10 days ago.
Last year they closed my department and did not make me redundant, it appeared they forgot to deal with this particular issue, I was a national operations manager, as they had not made me redundant I was offered another job (same pay - lower grade), I took this role as I had just moved house was in a right state etc, since then I have spoke to my boss regarding the junior title (market development support manager (was supposed to be technical manager) they gave me and the fact I was mentally unstimulated, I was then told I could work on some projects of which I accepted, but this appears to have turned in to an office gig looking after administrators which was previously done via some one 4 grades below me, I was told yetserday I am about to be made redunand from my line manager and that his manger would contact me to do this, nothing since
thanks for the info on the call, how do I cancel.

How long have you worked for this employer?

Customer: replied 10 days ago.
18 years

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. First of all, it would be too late to challenge the things that happened last time round. You would have had to challenge them at the time or you could have also taken a 4-week trial period in the new role before making a decision on it. Having stayed all this time you cannot really take it further now.

 

So the main issue would be whether there is now a genuine redundancy in the current role that you do. 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:

{C}· 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)

{C}· 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)

{C}· 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.

 

Does this answer your query?

Customer: replied 10 days ago.
I wasn't given an option of 4 weeks or a consultation the last time...and this time I told them it looked like with the changes that I would not have a role and they have held out for some time making decisions, I suppose I was looking at what option I had regarding what they did when they lowered the status of my work without any consultation, effectively I am doing two jobs, when I was supposed to be doing a project.

You may not have been given these back then but it is still too late to challenge these points now. This is something that should have happened at the time, or within a reasonable time afterwards, like a few weeks at most. Having left it for a year or so means that you have most likely accepted the situation as it is and cannot challenge them on past failures. Does this clarify things a bit more for you?

Customer: replied 10 days ago.
It does but it is only recently that I am suddenly not doing a project and suddenly doing a different job, it doesn't matter. thanks anyway.

I appreciate that but in these circumstances the only way to challenge them legally is either to get made redundant and then claim for unfair dismissal or to resign and claim for constructive dismissal instead. Either way, your employment has to terminate

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