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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5197
Experience:  10 Years of experience in Employment Law and HR
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Hi If a job role is defined within a contract that it MUST

Resolved Question:

Hi
If a job role is defined within a contract that it MUST be performed on-shore by a UK resident, and I am the only person who currently performs the role then can the employer put the role under compulsory redundancy and remove the person from UK employment, whilst getting someone else in the Uk to perform the role, or potentially get the companies indian organisation to perform the role? I am under the impression that my employer is under contract with its clients (6) that the role that i SOLELY perform (and have done so for the last 2 years) is to be performed within the UK by a UK national. My employer is looking to make the WHOLE role (and yes i am the only member of staff) redundant while it is still contractually obliged to perform the tasks with the same clients from within the Uk by use of Uk staff

Your views / assistance would be really appreciated

Thanks
XXXXX XXXXX
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello my name is XXXXX XXXXX I am happy to help you today, what reason has your employer given for making you redundant?
Customer: replied 1 year ago.

The following was what was read to me :-


 


An analysis of your current role was carried out against the global transformation plan, and it was identified that your role is no longer required in the new global delivery model because the work will be more efficiently and cost effectively carried out by the EMEA CIO team under the new delivery model. Because we identified that in the new global delivery model we no longer need anyone carrying out the kind of work which you carry out in the UK, all employees carrying out that work in the UK, including you, are provisionally at risk of redundancy. There was no need to carry out a selection process.

Expert:  Jenny McKenzie replied 1 year ago.
Ok well there is nothing to prevent a company from outsourcing globally if it is cost efficient to do so. The company should consult first and should pay redundancy monies if you are engaged for more than 2 years.

The company may be in breach of contract with its customer by failing to supply a person based in the UK, however, as you a not a party to that contract you cannot take action under it for any loss arising from the breach. The customer may choose to do so if it wishes.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Customer: replied 1 year ago.

Sorry - your answer has confused me.


I understand that the client / my employer might have issues, and that is separate to me.


My question is - can my employer make me redundant under the wording i gave you when i am the ONLY person that does the job, and then replace me with someone else within the UK to perform the same role.


I was under the impression that to make a ROLE redundant (and therefore the sole person performing the role) that NOONE else is allowed to perform the role in its original form


 


In my instance I would be made redundant and then another UK based person (who never performed the role before) would carry out the EXACT same role. is this actually legal ?


 

Expert:  Jenny McKenzie replied 1 year ago.
Yes I think we have our wires crossed so sorry about that. If you have been replaced with another uk based employee then your role is not redundant and you can appeal and claim unfair dismissal if you have more than 2 years service (or if you were taken in prior to April 6 2012 (I yr)) .
Customer: replied 1 year ago.

Thank you for the answer which is in-line with what i thought. Could you point me to the piece of legislation that your answer is based on. The reason for this is that i would be starting a unfair dismissal case should the employer not drop the compulsory redundancy, and your answer / guidance would be what i would indicate to any legal expert that i use to defend myself. I have been employed by this employer since 2000.


 


thanks


Paul

Expert:  Jenny McKenzie replied 1 year ago.
S.98 Employment Rights Act 1996 states that there must be a fair reason to dismiss. Redundancy is potentially a fair reason. Redundancy only occurs where the need for a person to carry out a role ceases or diminishes.

In your case it does not as they will engage another person to do the role.

You should appeal and submit a claim in the tribunal using the form you will find at www.employmenttribunals.gov.uk
Jenny McKenzie,
Satisfied Customers: 5197
Experience: 10 Years of experience in Employment Law and HR
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