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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70196
Experience:  Qualified Solicitor
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I am writing on behalf of my wife. She works as a steam

Customer Question

Good morning. I am writing on behalf of my wife. She works as a steam leader in a hotel in London She survived a first round of redundancy and 3 weeks after the first round, there was another conference call done the announce further job loss & my wife's job was there now we wonder if the process is fair because of the following :
JA: Where are you? It matters because laws vary by location.
Customer: So we are based in London and the hotel is also London Based
JA: What steps have you taken so far?
Customer: we looked at redundancy on gov.uk, did a couple of internet searches
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's it
Submitted: 4 days ago.
Category: Law
Expert:  Ben Jones replied 4 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 4 days ago.
of course
Expert:  Ben Jones replied 4 days ago.

Hi there. It seems as though your query has not come through in full. Please could you explain the situation in some detail

Customer: replied 4 days ago.
my wife works in a hotel, they went through a redundancy round that finished on the 3rd of August. on that round of redundancy, everyone was in danger but she wasn't selected & retained her job
she was informed on the 19th of August there would be another conf call on the 24th August
On the 24th it was announced there would be another redundacy. My wife was put in a pool & they are getting rid of the whole pool. Now we wonder if the process is fair as : Bumping was not offered ( she is a team leader), consultation took place after the announce of job losses, the selection process was not explained and when quizzed about it, the only answer given is that it is a business decision. also through the consultation, the executive committee answers contradicts one another. Finally one solution that was offered was to request position that where not at risk to go part-time to save people at risk, this was declined as expected.
Expert:  Ben Jones replied 4 days ago.

OK thank you. Please can you tell me how long your wife has worked for this employer?

Customer: replied 4 days ago.
over 3years
Expert:  Ben Jones replied 4 days ago.

OK that's great and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 4 days ago.

Many thanks for your patience. As far as bumping is concerned, this is not a legal requirement at all and it is not that commonly applied anyway so you cannot realistically claim that failure to consider it would make the redundancy unfair.

There should still be a meaningful consultation though and even though the employer can identify which jobs need to go, they can still conduct a consultation afterwards to try and avoid the need for the proposed redundancies. So again, that is possible to happen and not necessarily unlawful.

In terms of options to save the jobs, the affected employees can propose whatever changes they believe are reasonable and realistic in the circumstances, but in the end it is up to the employer to decide whether they will be possible and if the business needs allow it.

I am not trying to be negative about hr situation but these are individual procedural issues, which will not automatically mean the redundancy is unfair and whilst they can certainly be challenged, it won’t necessarily save her job or make this an unfair dismissal which can be pursued further.

I suppose in the end it will only become clearer once the redundancy has taken place and you know exactly on what grounds that has happened and whether the employer has acted unfairly in some more serious way.

Hopefully his explains your situation