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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74495
Experience:  Qualified Solicitor
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I need some advise please about potentially being made

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Good Morning, I need some advise please about potentially being made redundant after i have been on the furlough scheme and off sick with depression at the beginning of the year?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: I had a webex meeting with My HR Manager and my manager last Monday to inform me that my job is at risk of being made redundant and a consultation meeting on friday.
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. i don't belong to a union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I went off sick in January with depression for work related issues which i have raised numerous times with my manager. Through work i was referred to an Occupational Health nurse who said that due to the bad management made me ill and that they (management) need to sort out the problems. I was due to go back to work on a "phased Return" in March but due to corona virus I was put off going back as my HR informed me that due to everyone working from home, they could not support my phased return.

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 were you off sick for? and how long have you worked for this employer?

Customer: replied 1 year ago.
I went off sick on 9th January and was due to return on 9th March. I have now been with the company for 2 1/2 years.

OK thanks, ***** ***** are you ideally hoping for in the circumstances?

Customer: replied 1 year ago.
I just want to check that i'm not being unfairly dismissed, and selected for redundancy due to my sickness, but also that i raised some management issues with them that I don't think have been addressed, hence why they have selected me for redundancy, and my job which is being moved to another part of the company in a different location? I have asked them about a relocation package, not that i am going to move, but the fact that the question was never raised with me if I would move and they presumed I would take redundancy.
Customer: replied 1 year ago.
I'd like it to be fair!
Customer: replied 1 year ago.
Hello, are you able to advise on this matter please?

Thank you. I will explain what is expected of the employer in a fair redundancy situation and you can compare it to what is happening to you to determine if they may have a fair reason for making you redundant.

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?

Customer: replied 1 year ago.
OK Thank you. Yes I think it has answered my question. Many Thanks.

All the best

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