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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I job is created above me that is similar to what I do and

Resolved Question:

I job is created above me that is similar to what I do and I can apply, but it goes to some one outside of the organisation and then my job changes and I might be redundant. Should the job have been closed to internal candidates to the impacted team?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

I have worked at the company for 20 years and been in the head of the team where the impact is for 5 years

Expert:  Ben Jones replied 2 years ago.
Hello, sorry the system did not notify me that you had replied. Can I just check - was the change in your job as a direct result from the creation of this other job?
Customer: replied 2 years ago.

As a direct result of the other job - I will have no job or a considerably different job.

Expert:  Ben Jones replied 2 years ago.
When the job was created there would have been no legal requirement for the employer to close it top the team which may have been eventually affected by its creation. In fact even if you were already at risk of redundancy and the employer then offered you the chance to apply for suitable alternative employment to try and avoid having to make you redundant, any jobs that were available could be opened to anyone and not just those at risk of redundancy. The employer has the right to choose the most suitable candidate for a position and whilst the may offer those at risk of redundancy to apply for a vacant job, they do not have to recruit them even if it means making them redundant. So unfortunately there is nothing that would have forced the employer to limit the candidates for this position, even if it meant that it subsequently resulted in potential redundancies for those who were unsuccessful. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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