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Redundancy & transfer of role to other office

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  • Redundancy & transfer of role to other office

    Hello, am hoping for some advice please. My role I have been informed is at risk of redundancy, 30 day consultation process just beginning. A number of other roles in my directorate are also at risk in the same scenario.
    I work for a large employer with a number of different business within the main business.
    The reasons for redundancies are down to work being moved to a different division of the business which also happens to be overseas (not sure if this makes a difference though). This is being done because of poor financial performance at group level.


    It has been made clear that the work I and others currently do will continue, to the point a letter received details many of my current responsibilities and states they will be be absorbed by the exisiting department in our overseas office.


    As frustrating as this all is, I think I'm right in understanding that this is all ok for employer to do, to move existing roles and responsibilities to another part of the business to save money on headcount. If not, I'd appreciate any info on this.


    However, I've just discovered on our company website we are advertising for positions in this overseas office, for roles that directly replace the work I and others currently do. These adverts were posted a week ago, we only learnt of this situation 1-2 days ago.
    I'd be fairly confident our employer is breaching some rules here by not having people in post for these roles already in the overseas office, so I would really welcome any guidance from anyone on whether the employer is allowed to do this? If not what do you recommend as a course of action, is it worth raising this concern about their process' during the consultation period, or using it later in a possible constructive dissmissal case, should the consultation end with me leaving the business.
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  • #2
    Re: Redundancy & transfer of role to other office

    http://www.legislation.gov.uk/ukpga/1996/18/section/139

    Your situation meets the description of redundancy found at s.139(1)(b)(ii) of the ERA 1996.
    i.e. Your employer will no longer need your work to be done at your current workplace.

    Yes, it's OK for your employer to move the roles elsewhere to save money.

    It's sensible for them to be already recruiting at the overseas office so as to ensure continuity of the services that you now provide. They are not required to wait until after the redundancy process.

    You might want to look into suitable alternate employment available in any of your employer's businesses.

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