UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

I have been made aware that a redundancy plan is going to be

Customer Question
launched within my company. I...
I have been made aware that a redundancy plan is going to be launched within my company. I am the Head of the Internal Audit function, but currently in maternity leave since February 15th, 2013. I was supposed to come back to work yesterday from maternity leave but I deferred my return, informing the HR due to the following additional events:
- No reply from my CFO following my text mentioning that I will be in London Wednesday and Thursday, requesting if he would like to meet with me;
- My travel tickets from Brussels to London from June to July 2013 have never been not booked, despite severals request whereas:
- these tickets are always booked 2/3 months in advance to optimise the costs of
the travel
- I am supposed to attend an Audit committee in July 2013 and to oversee properly
my team based in London

Such travel arrangements had been agreed by the CFO and former CEO to enable me
to live in Belgium, at the time I was offered another position in Brussels.

The CFO did not inform me of any changes regarding the travel.

Due to the redundancy plan, which is going to be launched. I have some reasons to believe that they want to suppress my position and replace me by my number 2.

What is your view on the matter? what should I do taking in consideration I received just an email from the HR director this morning straight after having informed the CFO that I was extended my maternity leave? The HR director email was very formal email, mentioning " I know how stressful it can be returning to work after having a baby" so the last thing you need is this level of disruption. Do let me know if there is anything further that me or my team can do to support you".
Submitted: 4 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 2 minutes by:
5/15/2013
Solicitor: Ben Jones, UK Lawyer replied 4 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48,461
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Verified

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

JACUSTOMER-j6p49azg- :

Hi Ben,

JACUSTOMER-j6p49azg- :

Hi ben, my name is Merryl Durrenbach and I have been working as Group Head of Internal Audit since June 2008. I have an excellent performance track record with my full bonus and LTIP awarded year on year. However, I feel that since my maternity they would like to replace me with my number 2 who is far less expensive in terms of salary and package.

Ben Jones :

Thank you. And just to clarify, what specific questions do you have about your situation?

JACUSTOMER-j6p49azg- :

First, what attitude to adopt with the HR and my CFO? What is the risk of being made redundant while in maternity leave? is there a case of unfair dismissal as I cannot see how my position will be suppressed?

Ben Jones :

Advising you on what stance to take with the employer over this is difficult, especially when it is unclear what their actual intentions are. Whatever these may be, you are always best advised to remain professional and to simply pursue your rights and not bow down to any pressure you may feel you are being placed under by them. If you have outstanding issues with them then communicate with them about these and try to keep your correspondence in writing so that you have a durable record of this in case you need to raise it or refer to it in the future.

In terms of being made redundant whilst ion maternity leave that is certainly possible, although you will have certain rights if that was to happen. For example, you will have the automatic right to be offered any suitable alternative employment that may exist in priority to other employees who are also at risk of redundancy. However, if the employer can show that there is a genuine redundancy situation, that they have followed a fair procedure, consulted with you and offered you any suitable positions that may exist, as well as there being no indication that you were selected for redundancy because of being on maternity leave, claiming unfair dismissal could be difficult

Ben Jones :

Has this answered your query or do you need me to clarify anything?

Ben Jones : You left a poor rating even though you did not get back to me to let me know why you were u happy or if you wanted me to clarify anything, which I would have been more than happy to do. can you please let me know if you need further clarification?
Ask Your Own UK Law Question
Customer reply replied 4 years ago
With regards to the rating, I can change it to a positive rating. However, the answer was really by the book and not really tackling which approach to adopt and responding if a required position within the position could be suppressed with the job carried out by someone lower in the hierarchy at a lower salary
Solicitor: Ben Jones, UK Lawyer replied 4 years ago
As mentioned I cannot advise on which approach to adopt right at this stage because it is unknown what the employer's actual intentions are. Advising of anything more specific than what I mentioned in the first paragraph of my response is really just stabbing in the dark and has no guarantee whatsoever whether it is the correct approach and if it will be adequate for your circumstances. That is why the way to approach this will become more obvious once you have a better idea of where the employer is intending on taking this.

In terms of the proposed redundancy, the Employment Rights Act 1996 defines a redundancy situation as falling within 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.

Whilst the first two reasons are self-explanatory, it is the third reason that will be used most commonly and also the one that brings the most challenges.

Examples of when there is a diminishing responsibility to do work of a particular kind are:
• There is the same amount of a particular kind of work but fewer employees are needed to do it. This would generally be seen as the "classic" situation in which the employer decides to make better use of its resources. This will also include consolidating some of its jobs (e.g. spreading out the work that is affected amongst existing employees). This is where many employees get confused as they believe a job has to disappear for them to be made redundant, however that is certainly not the case.
• 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.

So to be able to justify that a genuine redundancy actually exists here the employer would need to show that the above applies in some way. They cannot just get someone on a lower salary to do your job and bump you off, they can however split your duties across existing staff if necessary.
Ask Your Own UK Law Question
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48,461
48,461 Satisfied Customers
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'

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

48,461 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

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

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR
I SOLD A BUSINESS IN APRIL 2008 OF WHICH I WAS A DIRECTOR AND XXX A DIRECTOR. I WAS NOT AN ACTIVE PERSON IN THE BUSINESS DUE TO DISPUTES WITH MY BUSINESS PARTNER. WE SOLD FOR AN AMOUNT PLUS VAT. WHEN … read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
My late father passed away five yrs ago. On his death his
My late father passed away five yrs ago. On his death his will stated that his live in partner was intitiled to live in the property until she passed away she owned a 7.2% share of the property and th… read more
Aston Lawyer
Aston Lawyer
Head of Residential Property
LLB (HONS)
3,637 satisfied customers
Please can you help me? My grandmother has signed over her
Hello, please can you help me ? My grandmother has signed over her will to my uncle, and not to my father. My uncle said this is because my father is ill and also because my grandmother was going to l… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,626 satisfied customers
Jo My son has had his moped impounded by the police after he
Hi there Jo My son has had his moped impounded by the police after he agreed to let his friend sit on his bike and he claims to turn it round for him while my son put on his jacket etc. But the other … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
I've got an issue with trying to retrieve some personal
Hi good morning I've got an issue with trying to retrieve some personal items many years after divorce … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I believe I have been impersonated, by phone, email and
I believe I have been impersonated, by phone, email and maybe signitures. this has been to government bodies, and may be other places. How do I prove this, and if I can prove it how do I deal with it.… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
Max Lowry! Would you be so kind to confirm that You as
Dear Mr. Max Lowry ! Would you be so kind to confirm that You as Notary Office notarised Refund Recourse Letter issuing by International Brokers Limited today 14th of November 2017 … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I went to a meeting regarding a claim against timeshare
I went to a meeting regarding a claim against timeshare misold after accepting this “free” holiday.This was yesterday in Adelje I realised overnight that it is ascam and O have signed to pay an extre … read more
Jamie-Law
Jamie-Law
4,899 satisfied customers
This is important but can you verify if there is a
This is important but can you verify if there is a practicing lawyer named John Eric in London, England suppose to be an accredited lawyer for the bank of England and law firm ***** ***** & Associates… read more
Thomas
Thomas
Lawyer
Bachelor's Degree
2,176 satisfied customers
I have recently been to the family court and was advised to
I have recently been to the family court and was advised to sign a general form of undertaking to not allow my partners father to have unsupervised contact with my children. I was assured that this wa… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
I have worked with an American owned Company (UK based) from
I have worked with an American owned Company (UK based) from Jan2010. My job title was Telemarketing Executive. I was provided a basic salary (increased annually) a yearly incentive payment (paid in D… read more
Ben Jones
Ben Jones
UK Lawyer
48,461 satisfied customers
I have endured bullying and intimidating behaviour at work.
I have endured bullying and intimidating behaviour at work. I pointed this out to my Group Secretary and asked if she could move me which she did. However she did not inform the Secretarial Partner ab… read more
Expert
Expert
My father died intestate so my brother and me inherit
My father died intestate so my brother and me inherit everything equally , estate comes to approx £385000, £325000 of that being a property. What is our inheritance tax threshold? I'm confused , is it… read more
frantzgregory
frantzgregory
599 satisfied customers
I am in Southend Magistrates court on the 27th November for
Hello there I am in Southend Magistrates court on the 27th November for criminal damage for smashing my partners phone and assault and beating her … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
Can bailiffs take my van and tools that I use to earn my
Good morning can bailiffs take my van and tools that I use to earn my living I get parking tickets trying to do my job They then clamp me and say they will take the van and sell it regards mel… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 satisfied customers
I'm on Tier 2 work permit with appropriate salary and I
Hi, I'm on Tier 2 work permit with appropriate salary and I would like to invite my family (mom & bro) to UK to spend Christmas holidays. I read I should accommodate them and need an approval letter f… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
34 satisfied customers
We are looking at getting my husband added on pop his
We are looking at getting my husband added on pop his brother is current but arranged it without getting my husband on too. Which he made clear at start to be included, we think it's not good for just… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
1,988 satisfied customers
I took out a warranty agreement with a Satellite Firm
I took out a warranty agreement with a Satellite Firm "Satellites 4u " to cover my sky hd box etc for a term of 3years at a cost of £229 on the 16th August 2011[by telephone -their call]. I then reali… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,458 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