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I have worked in the capacity of a Hr Adminitrator for the

 
Ben Jones's Avatar
  • Answered by:Ben Jones
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Customer Question

I have worked in the capacity of a Hr Adminitrator for the same International companty since March 2009. The role was centralised leaving me without a job in this capacity, I have been sent to another work loction to support with sickness in a dfferent role (they are stating its not a secondment despite change in job role, tarvel duties and location. I have no role at my employemnt location as it doesnt exist. I have put in several greivances and held several meetings and am told I can return but they dont know as opf yet what I will be doing? My HR role is centralised in india. can you advise

 

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Province/Country relating to question: UK

Submitted: 239 days and 4 hours ago.
Category: UK Employment Law
Value: £11
Status: CLOSED

Accepted Answer

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Expert:  Ben Jones replied 239 days and 4 hours ago.


Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know when did the centralisation take place?

Customer : April 2012
Ben Jones :

This certainly looks like a redundancy situation. The legal framework is as follows: according to Section 139 of the Employment Rights Act 1996, a redundancy situation can only occur in one of the following circumstances:

  1. Business closure – where the whole of the employer’s business is closed
  2. Workplace closure – closure or relocation of one or more sites
  3. Diminished requirement for employees to carry out work of a particular kind.

Our situation falls within the third scenario. There s no longer a requirement for employees to perform your job in your workplace hence why it has been moved to a central location. In such circumstances you have the right to be offered suitable alternative employment as an alternative to being made redundant. However, if no such position can be found you can request that you are made redundant instead.

Ben Jones :

Please let me know if you need any further help with your query. If you do not, I would be grateful if you could please quickly click to rate my answer and choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 98.2 %
Accepts: 7169
Answered: 8/14/2012

Experience: Expert in UK Employment Law

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