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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47334
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Possible redundancy JA: The Employment Lawyer will need to

Customer Question

Possible redundancy
JA: The Employment Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I work for an organisation in a head office role. We are currently going through mass changes where people are being mapped to different roles in the organisation. My current level no longer exists and I would be taking a step down in the hierarchy; I am loathed to do this yet the official line from the company is that no redundancies are being offered as everyone will have a job
JA: Got it. The Employment Lawyer will know how to help you. Anything else I can tell the Employment Lawyer before I connect you two?
Customer: No that's fine thanks
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.
How long have you worked there?
Customer: replied 1 year ago.
My company are going through a massive organisation change which results in my role level no longer existing. I am being mapped to a role which is a different level (demotion) and have a differing set of accountabilities (albeit some are similar). I think it would be fairly simple to say this role is at least 50% different to my current contract and which to explore redundancy; the top line message from the main board is that redundancies will not be offered as everyone will have a job..
Customer: replied 1 year ago.
Hi Ben. I have worked here for 5 years and 8 months. I am 33 years old and earn a salary of £75k.
Expert:  Ben Jones replied 1 year ago.
Doe your contract state that you can be remapped in this way and slotted in somewhere else?
Customer: replied 1 year ago.
No
Expert:  Ben Jones replied 1 year ago.
I would be minded to say that this is a redundancy situation. The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The statutory definition of a redundancy, which can be found in The Employment Rights Act 1996, states that it occurs in one of the following: 1. Business closure – where the whole of the employer’s business is closed2. Workplace closure – closure or relocation of one or more sites3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant). The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:· The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).· There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)· There is less work of a particular kind, but the same number of employees are required overall. In your case there is a reduced requirement of employees to carry out your specific role, which is disappearing, so this should result in a redundancy situation. The employer then has a duty to ensure a fair procedure is followed, including trying to find you suitable alternative employment, failing which they should really be considering redundancy. This is your basic legal position. I have more detailed advice for you in terms of the law on suitability of alternatives, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.