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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74321
Experience:  Qualified Solicitor
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I am under consultancy for redundancy during furlough, and

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Hello. I am under consultancy for redundancy during furlough, and am the only employee in the business. My boss says that my role no longer exists. I believe his timing to be questionable and it has come from nowhere when his original strategy was to lose the assistants and retain the skill of the managers. I am able to absorb 2-3 roles.......he is not answering my question as to why his strategy has changed and is blaming the pandemic. He is also keeping on my assistant who has only been there for 2 months. I have everything in writing from my questions to his response and have another meeting on Monday via Zoom. I would appreciate some advice pls. Many thanks for your help.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have both senior managers of the business supporting me as they see his decision as strange and the timing questionable, HR is an independent person paid for by the company and supporting my boss only. No legal advice as yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee, not a member of a union unfortunately
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, but I can provide the information in writing for them view which I think would be useful. Thank you for your help so far

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

How long have you worked for this employer?

and what are you ideally hoping for, given the circumstances?

Customer: replied 1 year ago.
Hello. I have worked for him for 4.5 years. In our first meeting he said that he had considered all other options and there were none. So I believe his mind was already made up before giving me the option to make other suggestions which are more cost effective. Our invoicing period is in July and that will be business critical as to how many of our parents pay for their international students to return to UK private schools......I think he should at least wait until then and Furlough has ended before making any decision.
Customer: replied 1 year ago.
Unfortunately I'm in an area with 0 phone coverage, I'm happy to continue online or we could talk in the morning?
Customer: replied 1 year ago.
Can we continue online please? I can send you the minutes from our meetings for review?

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. 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.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 1 year ago.
My apologies for the delay there has been a sudden family death to deal with. I'll take some time tomorrow to read your response properly and message you back once I have. Thank you.

Very sorry to hear and do take your time, thank you

Customer: replied 1 year ago.
Thank you for your response Ben, it has answered my question at this point in time, as I'm sure you can appreciate I have a more important matter to deal with at present. I have noticed that £40 was taken from my account today for unlimited responses, a service I do not require and can certainly not afford ar this time. Please can this be refunded to my card?

Hi, unfortunately I do not deal with any billing matters but please contact customer services for that:

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