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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44924
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a full time employee at a school in Barnsley. My school

Customer Question

I am a full time employee at a school in Barnsley. My school are making redundancies so the two and a half contracts become two contracts. One full time contract has already been awarded to another member of staff which leaves me and the part time member of staff wanting to gain the position. It has been suggested that the part time member of staff could go full time in order to claim the second position. I believe that since I am the one already completing the full time position that it should not be possible for the part time member of staff to take my full time position since it is the part time role which is being made redundant, not the full time role which I already do. Am I right in thinking that the full time position should be mine?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Is the new full time position different to your current role?

JACUSTOMER-f2y6m42i- : Hi, no the position is my current role. Tho it is the same job as the part time role which is 0.6 of a full time role.
JACUSTOMER-f2y6m42i- : It is only the number of contracted hours which is different.
JACUSTOMER-f2y6m42i- : Hi Ben, any progress so far?
Ben Jones :

Hi sorry I was offline by the time you had replied earlier, just working on this now

JACUSTOMER-f2y6m42i- : No probs, thank you.
Ben Jones :

If due to a redundancy situation the employer has to make employees doing the same or substantially similar role redundant, they must ensure that some form of fair selection method has been applied, rather than just automatically selecting one person and making them redundant.

If the newly created job is something which you and your colleague are both suitable to do, then this position must be offered to both of you as a 'suitable alternative job', which is something the employer is required to do in the event of redundancy. The employer would then have to adopt a fair and objective method of selecting who is to be placed into that position and who is to be made redundant.

For example, they could adopt a competitive interview process, or some other scoring exercise, as long as there is a degree of objectivity, rather than an automatic selection.

So if the employer has given no thought as to why you are not getting the job and automatically given it to your colleague, you can challenge the way this has been handled and ask that a fair method is used to determine this. If the employer does nothing and still proceeds with making you redundant, you will first have the chance to appeal the redundancy with the employer, before considering whether to take this to an employment tribunal by making a claim for unfair dismissal.

JACUSTOMER-f2y6m42i- : Ok, so it is not possible for me to claim a direct transfer to the position since it is the job I already do?
Ben Jones :

it may be the same position in terms of the tasks but the hours are different so technically it will be a different position and anyone that is suitable for it can be placed against you to try and get it

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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