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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Following a team restructure I have been told my role no longer

Resolved Question:

Following a team restructure I have been told my role no longer exists (Group Marketing Manager). However two new similar roles have been created, (2 x Marketing Manager roles).

The job descriptions for the new roles are very similar to my current job description and the current role I am undertaking.

I haven't automatically been mapped into or offered either of these roles. I have been told I can apply for either of these two new roles, the rest of the team were also told they could apply for the two new roles. The two new roles sit directly within my current team.

In total 4 roles have been affected out of 11. Only four of us are in consultation. However, all members of the team have been told they can apply for either of the two new roles.


My queries are:
1) Should I have been automatically mapped into the alternative role without having to interview for it?
2) Should I interview and not be successful for either role could this be classed as unfair dismissal? As an alternative role, which is very similar to my skill set, past experience and current job, was available and not offered?
3) Can I claim unfair dismissal if I have less than a years service?
3) can the new roles be open to application from all team members or should the team members in consultation be offered first refusal?

Notes:
have been with the company less than one year.
The new roles will be in the same location and will match the existing salary.
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. Just to confirm - do you actually have less than a year's service with the company?

Customer:

Hi Ben,

Customer:

Yes I started with the company on 3rd June 2013

Ben Jones :

You will have very few rights in this situation unfortunately. The requirements for a fair redundancy procedure would not apply to you because you are not protected against unfair dismissal (you need 2 years' service to claim that). It does mean that the employer could very easily select you for redundancy for any reason and without having to follow a fair procedure, such as offering you suitable alternative employment for example. They must still ensure your selection is not based on discriminatory reasons, such as gender, age, race, religion, etc but apart from that they can pick you at random or even deliberately select you for redundancy and not even consider you for other available roles of a similar nature, or allow anyone else to compete with you for whatever roles are available - the options are endless really, the key is that you cannot challenge the redundancy procedure they have followed

Customer:

Thanks Ben - what, if any, recourse do I have? Are there any options available to me bar going quietly?

Ben Jones :

Legally, not many unfortunately. You are not entitled to a redundancy payment and the most you can expect is your contractual notice period and any accrued holidays. It does not stop you trying to challenge the employer whilst still working there, for example through internal channels, hoping that they just offer you something on the side to leave quietly but if they do not and this ends up in the dismissal due to redundancy, assuming you have been paid what you are due as mentioned above, that would really be the end of the matter

Customer:

Thanks for your advice Ben, Charlotte.

Ben Jones :

You are most welcome, sorry it wouldn't have been better news

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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