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Not enough work left for role

Not enough work left for role

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We are a company of 5 permanent staff. One role has 'lost' much of its required work due to it being moved offshore. The person fulfilling that role is now left trying to find work to do much of the time. What are my options here?

- Can I legally redefine the role as a 2-days-per-week job?

- Can I make it redundant and ask the employee to contract back to us the remaining 2 days but working remotely (this would fit with the role).

Thanks for any help you can give.

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By Taradaynes
26th Jun 2012 16:39

One of the main ways in which a job role can be legally defined as redundant is if 'the requirements for employees to perform work of a specific type or to conduct it at the location in which they are employed has ceased or diminished' . So since the majority of the work for this role is no longer done at the original location & has been moved offshore, this sounds to me like a redundancy on the basis of diminished need at that location.

In which case, the jobholder can be dismissed by reason of redundancy, but make sure you follow the correct procedures & redundancy entitlements. That would also involve looking at redeployment options - so is there another role that could be suitable for the employee? That could include, but is not limited to, the 2 days remaining, as this would be a new position. If they don't want a part-time role, maybe there are alternatives available, such as combining those 2 days with another suitable part-time role, or taking on a full time role elsewhere. As you are a small organisation though, that probably wouldn't be feasible, but at least explore it in a bit more detail to show it's been considered.

Hope that helps!

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