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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We are to be issued redundancies notices shortly. They have

Resolved Question:

We are to be issued redundancies notices shortly. They have already called for voluntary, change of hours etc. There are two jobs advertised externally that could be filled by present staff. Are they allowed to give these jobs to new people?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are those at risk given the opportunity to apply for these positions?

Customer: Have not been given that opportunity as yet but there are two jobs that have just been advertised this week. I have applied for one as my skill set match.
Ben Jones :

Hello, sorry I was offline by the time you had replied. Whenever a redundancy situation arises, an employer will have a duty to offer those at risk any suitable alternative employment that may exist at the time in order to try and avoid having to make them redundant. The law only requires the employer to ‘offer’ such positions, it does not mean placing the employees in them is guaranteed. In effect, it could be that those at risk enter a competitive interview process to have their suitability for the job assessed, with the most suitable candidates being offered the positions. If no one internally is suitable for the post then it could be offered to an external candidate – the employer does not have to employ anyone in it, even if they are not suitable for the position, just to keep them in a job – they do have the right to select the person who will be most suitable for it, even if in the end that turns out to be someone external. However, when assessing the suitability of candidates the employer does have to apply a fair and objective selection method, one that is not obviously engineered to make the internal candidates unsuccessful and condemn them to their redundancy. So it is important to consider how they will select the most suitable person and if it appears this was not done fai8rly then this could still be challenged if necessary by making a claim for unfair dismissal once the redundancy is confirmed.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer: That's fine, I understand the reasoning but can they advertise outside before offering to internal staff?
Ben Jones :

as a safeguard it is possible, for example if they interviewed internal staff first but found no one suitable then those people were made redundant and the job was there and needed to be done but there was no one to do it because the employer had only just started the external recruitment process, it would leave them in a difficult position. So legally it is possible as long as eventually in the event an external person gets it they can justify that this was a decision reached fairly

Customer:

Thank you

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