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redundancy seiection


3.
Lorraine Kerr
Member - 190 posts
7 Nov 2011 12:20PM

Potentially redundant employees should not generally be competing with other, non-redundant or external, candidates- only with other people facing redundancy for 'suitable alternative roles'.
A 'suitable alternative role' isn't defined in law but is generally accepted as being one which is similar in pay, status, hours, location, skills/experience.

If the job isn't a suitable alternative, then competing with other people who aren't facing redundancy is probably OK.

'Bumping' can be lawful- e.g. (Crudely explained) A's role becomes redundant but A has better skills & experience than B so B is 'bumped' out of their role & it is offered to A.

Your colleague sounds as though she may have the basis for a case- I'd suggest she contacts ACAS on 08457 47 47 47 or consults a solicitor.


2.
Michelle Wild
Member - 108 posts
5 Nov 2011 1:13PM

Don't know about lawful hopefully the friendly barrister will help you on that bit but what a shabby way to treat a worker to treat someone whichever way you look at it it just is not right.


1.
James Mack
Member - 5 posts
3 Nov 2011 8:14PM

Hi
i have an employee who has a contract worth 28k. she has been seconded for the last three years from her normal assistant manager post into project management and a man has been temp promoted covering her post for same time.
Due to cuts her normal post has been highlighted for redundancy and a new role created to cover that position although the money is the same (its just the job description that has changed). She was not allowed to apply for other higher posts when they came up and barred from the selection process.
As the redundancy process has now reached her level and has been forced to appply for the new job (although exactly the same in practice) the man who was temp covering her post has been allowed to apply as well after raising a grievance. He has in fact won the job following competative interviews. His normal job was not at risk from redundancy.

I believe that as his normal job was not at risk he should not have been able to apply for the new job which was a promotion (both pay and status) and as stated his normal role was not at risk..
The female in my opinion should have been put into that role as it is the same money and terms and conditions (virtually) as she is on now as part of the statutory redundancy procedure.
She has been told that she will be dropped down 7 pay grades in a different role put on new shift system and be classed as a support worker working from a different location. She will be given 2k compensation under a local agreement and if she does not accept will be classed as making herself unemployed and recieve no redundancy and have to leave.

This does not appear to be lawful to me cany anyone help.

Thanks


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