UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

I was advised by letter on 18 December that my job role is…

Customer Question
I was advised by letter...
I was advised by letter on 18 December that my job role is potentially being made redundant as a cost saving exercise as it is a unique role to the location and there is a pool of one i.e. me. I was informed of 4 meeting dates, 3 of which are consultation meetings and the final one will be to advise the outcome. I had the 1st meeting on Friday at which the Manager who took it admitted that my skill set had not been looked at. I asked why my role wasn't simply being changed with different tasks being given to me and he advised that there is no benefit in having my role. My tasks and job title have been changed in the past without going through a redundancy process. He advised of 3 current vacancies at the site and said that I could give him a CV if I wanted, was up to me. Am I correct in thinking that prior to deciding to go down the redundancy route, he should have looked at all positions within the company not only vacant ones and decided if I had the skill set to meet any of them. He also needed to take into account my length of service, attendance and performance records. If there was a role which I am capable of doing, it should be someone else who is potentially made redundant. At this meeting I asked for the job descriptions of the vacnacies but wasn't given them. I have had to email him twice to ask for this and the salary and hours of work which he appeared to be reluctant to give me. I have the 2nd consultation meeting tomorrow, can I inform him that he has not followed the correct procedure and that it is not for me to ask to be considered for jobs, he needs to identify if I am suitable and advise me of this. If he decides that I am not capable of fulfilling any role after training, then he needs to tell me why. There are 80 employees on site and 2 of us are going through this process. We have different roles but both are unique.
Submitted: 5 years ago.Category: UK Employment Law
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 7 minutes by:
1/8/2013
Solicitor: Ben Jones, UK Lawyer replied 5 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 9,073
Experience: Qualified Employment Solicitor
Verified

Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long have you worked there for?

JACUSTOMER-06uw2pmg- :

7.5 years, never been off sick and perfect timekeeping. No performance or disciplinary issues.

Ben Jones :

In a redundancy process it is for the employer to search for and offer the affected employees any suitable alternative employment (SAE). The duty to offer SAE is quite important because an employer's failure to offer such positions when they exist could make the whole redundancy process unfair and result in unfair dismissal. So if there are opportunities available the employer has to offer these to you and it is then up to you to decide whether to apply for them or not

JACUSTOMER-06uw2pmg- :

At what point should he have done this? Before he took the decision to start the redundancy process or should he have discussed this at the 1st consultation meeting. At tomorrow's meeting can I advise him that I am not prepared to give him a CV or apply for any vacancies and it is up to him to look at all roles within the Centre and decide if I could do any of them.

Ben Jones :

No, this is part of the redundancy process. Your positions would have been identified as being at risk of redundancy and then you would have started the consultation process. This is where you are now. It is as part of this consultation that the employer will have to consider offering you SAE positions if they exist

JACUSTOMER-06uw2pmg- :

So do I have to give him a CV or do I just tell him that it is up to him to consider me for ANY ROLE OR ADVISE WHY HE ISN'T? Is it any role within the company or does it only relate to the 3 vacancies?

Ben Jones :

It has to be a suitable role. So if the employer does not know your skill set then they should ask you for it and you need to cooperate. If they do not know it and they do not offer you anything because you have refused to tell them then you van't really blame them

JACUSTOMER-06uw2pmg- :

I definitely have the skill set for 1 of the vacancies but it is £7000pa less than I earn and 50 hours per month more. Would it be reasonable for me to refuse thia one if I was offered it?

Ben Jones :

If you do not believe that it is suitable due to the pay/hours then you can reject it and opt for redundancy instead

JACUSTOMER-06uw2pmg- :

This is still just general information which I already. I

Ben Jones :

I have answered all your specific questions if you have more I can continue

JACUSTOMER-06uw2pmg- :

No thank you

Ben Jones :

ok goodbye

Ask Your Own UK Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 9,073
9,073 Satisfied Customers
Experience: Qualified Employment Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,073 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

1,922 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
MY role became essentially became redundant after my uni
Hi! MY role became essentially became redundant after my uni merged with another 1st August and I was TUPEd across. I was told they have a role for me to move into but after 4 months (I was initially … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
Hi Ben, I work in the public sector. My organisation is restructuring
Hi Ben, I work in the public sector. My organisation is restructuring and we have been told there will be no redundancies, but many jobs and reporting lines will change. I am currently a middle manage… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
I am on gardening leave until the end of October. During this
I am on gardening leave until the end of October. During this time the company has recruited for a new position that I have the experience and skills for. They were already in dialogue with someone ab… read more
cityguru
cityguru
Bachelor\u0027s Degree
44 satisfied customers
I am qualified as an IT specialist AND and architect but my
I am qualified as an IT specialist AND and architect but my employers have made all IT staff redundant without attemping to redeploy me in an architectural post.… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
Hello, I need some help on my current employemnt status.I
Hello, I need some help on my current employemnt status. I will try and keep my question short. I Have been with my current employer for 16 years (i havd a 6 month break 5 years ago) for 14 of these y… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
I am currently under notice for redundancy, i applied for a
I am currently under notice for redundancy, i applied for a position that all the managers advised me to do so but have been unsuccessful. I now have 2.5 weeks left and they still have not looked any … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
Dear Solicitor, If you are facing redundancy as two similar
Dear Solicitor, If you are facing redundancy as two similar jobs are to be merged into one, is there any way you can insist that the deciding interview is done by an external person rather than your c… read more
cityguru
cityguru
Bachelor\u0027s Degree
44 satisfied customers
My fiancee is on maternity and due to return to work in November
My fiancee is on maternity and due to return to work in November (although she was considering extending this). She doesn't wish to go back full time, so contacted her boss recently to discuss her opt… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
My employer has advised me that the role I carry out will be
My employer has advised me that the role I carry out will be absorbed into a new larger role. He tells me that I need to apply for the role (along with others who may decide to go for the role). He ha… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
Hi, I work for a Univeristy and have MS although I need no
Hi, I work for a Univeristy and have MS although I need no reasonable adjustments. Since I joined the Uni my PRDP has included an element of succession planning in appreciation that my role is below m… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
I have a number of Polish staff in my business. All have learnt
I have a number of Polish staff in my business. All have learnt English during their employment apart from two. After 2-3 years, their English has not improved at all. I wish to make fluency in Englis… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
I have been a Business Manager running a Charity, Voluntary
I have been a Business Manager running a Charity, Voluntary organisation for 12 years. On the 26th July the CEO from the main Group organisation (we were a subsidiary) called a staff meeting. Before t… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
My firm is about to make 7 of us redundant due to systems changes,
My firm is about to make 7 of us redundant due to systems changes, our roles will no longer be available as the work is going to be taken on by other members of staff within the company. They have cre… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
I feel I have been treated unfairly after being at risk of
I feel I have been treated unfairly after being at risk of redundancy. I have worked in this job for 20 years as Secretary to the Ops Director and Security Manager (although I am not paid a Manager's … read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
My current role is Marketing Manager reporting to the Marketing
My current role is Marketing Manager reporting to the Marketing Director, there are 2 Marketing Managers in my Divison including myself. My collegaue decided to leave the role and handed in their noti… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
I am taking a case to Tribunal for unfair dismissal due to
I am taking a case to Tribunal for unfair dismissal due to redundancy. The case hinges on whether I should have been offered an alternative vacancy for a lower paid job which I was capable of doing. T… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
Im an employer and I am no longer able to afford an employee.
I'm an employer and I am no longer able to afford an employee. The employee has been working since December 2005/January/February 2006 (unsure exactly) until present in a residential property as a gen… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers
I am currently on Maternity Leave and have indicated my intention
I am currently on Maternity Leave and have indicated my intention to return to work in January next year Leave (after 12 months leave i.e I am on Additional Maternity). I am also currently 4 month pre… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,073 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x