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  • FIRST POST
    • magggs
    • By magggs 4th Feb 18, 7:09 PM
    • 11Posts
    • 0Thanks
    magggs
    redundancy but being replaced
    • #1
    • 4th Feb 18, 7:09 PM
    redundancy but being replaced 4th Feb 18 at 7:09 PM
    hi,
    ive left this a little late to be posting this as i have a meeting tomorrow but im hoping someone may be able to help.

    i am to be made redundant, however they are going to replace me with a technician on half my wages and less hours.

    there are some differences in the new job but essentially it is the same

    is this legal as i thought if you were made redundant it meant your job no longer exists so can they just rename it and drop the wages?

    thank you in advance and i hope i havent left it too late to ask for advice.
    thank you
    m x
    Last edited by magggs; 04-02-2018 at 8:48 PM.
Page 1
    • sangie595
    • By sangie595 4th Feb 18, 7:24 PM
    • 4,553 Posts
    • 7,641 Thanks
    sangie595
    • #2
    • 4th Feb 18, 7:24 PM
    • #2
    • 4th Feb 18, 7:24 PM
    Your job no longer exists. A job is more than a set of tasks - it is about hours, pay, benefits and everything else. If the role in the future has less hours and pay, then it's a different role.
    • magggs
    • By magggs 4th Feb 18, 7:26 PM
    • 11 Posts
    • 0 Thanks
    magggs
    • #3
    • 4th Feb 18, 7:26 PM
    • #3
    • 4th Feb 18, 7:26 PM
    ive looked at the employment rights act and it says you can only be made redundant if there is no need for the job you do, but clearly there is if im being replaced?
    m x
    • mariefab
    • By mariefab 4th Feb 18, 7:53 PM
    • 296 Posts
    • 160 Thanks
    mariefab
    • #4
    • 4th Feb 18, 7:53 PM
    • #4
    • 4th Feb 18, 7:53 PM
    Have you told them that you'd be happy to take the other role with it's reduced pay and other conditions?
    • magggs
    • By magggs 4th Feb 18, 7:54 PM
    • 11 Posts
    • 0 Thanks
    magggs
    • #5
    • 4th Feb 18, 7:54 PM
    • #5
    • 4th Feb 18, 7:54 PM
    no, i cant afford to take the new job, the pay wont be enough to cover everything, and i mean essentials
    m x
    • mariefab
    • By mariefab 4th Feb 18, 8:18 PM
    • 296 Posts
    • 160 Thanks
    mariefab
    • #6
    • 4th Feb 18, 8:18 PM
    • #6
    • 4th Feb 18, 8:18 PM
    You've misunderstood what the ERA says.
    Your situation is that described in s.139(1)(b)(i) of the ERA.
    https://www.legislation.gov.uk/ukpga/1996/18/section/139

    The 'work of a particular kind' is your whole role, i.e. a manager working your current hours at your current rate of pay.

    The fact that the 'work' still needs to be done is irrelevant, as this is almost always the case.
    • magggs
    • By magggs 4th Feb 18, 8:40 PM
    • 11 Posts
    • 0 Thanks
    magggs
    • #7
    • 4th Feb 18, 8:40 PM
    • #7
    • 4th Feb 18, 8:40 PM
    that was all i wanted to know, thank you
    m x
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