Is the role really redundant?

Hi .....

I have been put at risk in a pool of one. Initially I thought the company were simply cutting costs, however it transpires they are introducing a replacement role. In my opinion this feels like an unfair dismissal.

What the tests that would be applied/case law in this area.

They have changed the title and added a few bits and pieces - but the outcome and purposes on the role in identical and there are no costs savings.

Any thoughts welcome

Hi. An expert should be along shortly to offer advice. In the meantime if you think of any other details that might be relevant then let us know, it may help somebody provide you with a more satisfactory answer. Thanks

Hi without more detail it difficult to give a definitive answer but the test is as follows:
A redundancy situation will occur when:

• the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or
• the employer has ceased, or intends to cease, to carry on that business in the place where the employee was so employed, or
• the requirements of that business for employees to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish, or
• the requirements of that business for employees to carry out work of a particular kind in the place where the employee was employed have ceased or diminished or are expected to cease or diminish.

An employee will be in a redundancy situation if, for example, the factory or office in which they were employed closes down completely. An employee may also be in a redundancy situation if the employer relocates the business elsewhere, although TUPE transfer regulations may be relevant in such a situation . An employee would also be in a redundancy situation if there was a downturn in their area of work and, as a result, the employer had to reduce costs.

A redundancy situation may occur where there has been a change in the employer's circumstances, resulting in the employee's post being surplus to requirements. In some cases, it may mean that the post is still required but the job description has changed from that for which the employee was recruited.

A redundancy is a dismissal and employees who have been employed by the same company for one year or more may claim unfair dismissal in a redundancy situation. Because of this, employers should pay particular attention to the selection criteria and statutory consultation requirements to ensure that they are not faced with complaints from employees due to perceived unfair selection criteria or lack of consultation.

You should seek clarification of the business case for the redundancy, if you you think you are being engineered out of a job which is not for a real redundancy reason you shold raise a grievance over the procedure and appeal the decision.

I hope this is of some help.

Iain Lock