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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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This morning I have been told I am now at risk of redundancy

Resolved Question:

Hi
This morning I have been told I am now at risk of redundancy and entering into the consultation period. There have been numerous changes to the business over the last months. Back in February i along with my colleagues were told via conference call that we were NOT eligable to apply for vancancies in a different part of the business even though we are contractually attached to that part of the business. On top of that our skill set and experience suits it better than our current function. Those vacancies and roles have now all been interviewed for while last week we ten recieved an email stating we COULD in fact apply for the jobs.....to late! Where do i stand please with unfair dismissal?? There are a number of other process issues that have not been followed since June last year and feel I have not been treated fairly at all. Thanks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer: I have worked there for 17 years
Ben Jones :

Hello, sorry I was offline by the time you had replied and have only just returned as I mainly work evenings.

Going back to your query, if you were not at risk of redundancy at the time you wanted to apply for the jobs in February, then the employer has not really done anything wrong in that respect. There is no right to demand to be allowed to apply for a job, even if you believe you are the most suitable person for it. The employer can choose who they allow to apply for it and they can base that decision on a number of factors, whatever they want really, as long as it is not based on discriminatory grounds. For discrimination to occur it must be linked to your gender, age, race, religion or disability, but if we are just talking about skills, experience, personality, business attachment, etc then the employer can use these as a reason not to allow you to apply for the job.

Once you are placed at risk of redundancy then the employer has a formal legal duty to try and offer you suitable alternative employment that may exist at the time in order to try and avoid having to make you redundant. However, they do not have to create jobs for you and even if there were vacancies before the at risk notice, if these jobs have been filled in then they are no longer available and the employer does not have to offer them to you. Remember that ack when you wished to apply for them, if you were not actually at risk of redundancy, there would have been no legal obligation to allow you to apply for them and the employer could have chosen who they allow to go for them. Therefore, the key is whether at the time you were at risk or not – if not, then your rights are somewhat limited due to the factor mentioned above.

It of course does not prevent you from raising a grievance but in terms of unfair dismissal then that would be harder to prove and win.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

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