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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Due to redundancy my colleague and I were offered a post but

Resolved Question:

Due to redundancy my colleague and I were offered a post but he was on that job for 10 years whilst I have never touched that field. However there is another job created but it only covers part of my current role, still this post is not ringfenced for us but to general staff after compulsory redundancy. Hence I could only apply for voluntary redundancy. Could I complain for unfair dismissal afterwards?
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.

Ben Jones :

What do you hope to achieve in this situation please?

Customer:

compensation, as I have worked for them for 15.5 years, the package was quite minimal

Customer:

I was told to get a solictior to check the agreement, where should I go?

Customer:

also I have issues of unfair treatment, but they just ignore me.

Customer:

sorry I have to go now, could I stay on the screen and come back in 30 minutes?

Ben Jones :

OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Hello again, there is no legal obligation on an employer to ringfence you for specific jobs, even if they are part of what you currently do. There may be an internal policy that says this could happen, in which case the employer wou8ld be expected to follow it, bit legally there is no requirement for them to do so.


 


What they are expected to do is offer you any suitable alternative employment that exists at the time you are being made redundant. To be offered a job means to be offered the chance to apply for it and to be considered for it, it does not guarantee it. The employer could place you head to head with other people at risk of redundancy, or even against people who are not at risk, including external candidates. They have the right to choose the most suitable person for the job and even though you should be given the chance to apply for it, there is no guarantee you will get it. Still, the employer has a duty to ensure that there has been a fair selection for this post and be able to justify why someone was chosen in preference to another, rather than their decision being on personal grounds.


 


So it is not that easy to just claim unfair dismissal and to do so you must be able to show that there was either no redundancy at all or that the procedure they followed was not fair. A fair procedure would involve consulting with you, offering you any suitable alternative employment that exists (subject to the considerations I mentioned above) and also ensuring you were fairly selected for redundancy, based on objective grounds rather than personal preferences.


 


The first step is to appeal with the employer, after that the option to claim unfair dismissal exists, although it is now a requirement to engage in ACAS conciliation before you can make a claim where they help you to try and achieve settlement with the employer before you are allowed to make the claim.

Ben Jones :

Hope this clarifies your position?

Customer:

hope you don't mind me come back with different questions:

Customer:

-

Customer:

Inequality: 1) when we merged only two of us were told to sign the new contract with no option given. all other staff were invited to sign a year later and was given the option not to. 2) we have three sites and our major role is similar over these sites, however my two colleagues are senior post but not me. reasons given are they have additional roles, and that I was not senior when we merged. 3) when I stand in for them on their leave, I need to be at their site for the full day, but they don't need to adhere to strict time when they come to my site. I complained and I believe this is why they axed my post. also I have just received the agreement of voluntary redundancy, I will sign away all my potential claim, what would happen if I want to take out some of the terms?

Ben Jones :

Hello, the inequalities you mentioned are unlikely to have a serious effect on the situation you face now - these are issues that could have been brought up and challenged in the past but as far as they stand now, the employer can consider them in their current state. As to your last question can you please clarify exactly what you mean, I am a bit unclear...thanks

Customer:

Thank you for your assistance, though I'm unhappy with the situation but I'm clear what I have to do. Bye

Ben Jones :

You are most welcome, all the best

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