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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben I've just been told that myself 2 other collegues with

Resolved Question:

Hi Ben I've just been told that myself 2 other collegues with the same job status are at risk of redundancy with a 30 consultation process. The new company structure now shows 1 post available and the 3 of us can apply for this role. The job description clearly favours one candidate over the other 2 and I do not think that I would have a chance of getting the job even though the official line from the company is that the job selection will be based on competency rather than experience. Can I claim to the company that this is basically constructive dismissal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
Hi Ben I cant see your response to my question???
Customer: replied 1 year ago.
Sorry I didn't realise your response was a further question. I have worked there for 16 years and I have been offered 1.5 weeks pay for every year I have worked
Customer: replied 1 year ago.
This a compulsory redundancy payment offered under the terms of my contract.
Expert:  Ben Jones replied 1 year ago.
I would hold off from trying to claim constructive dismissal. If you were going down that route then you would have to resign and then consider making that claim. You would then have to prove that the employer had breached your contract or acted in an unreasonable manner. This is not easy. What you should do instead is to proceed with the redundancy process. The employer has a duty to conduct a fair redundancy procedure so if you end up being dismissed as a result you could consider making a claim for unfair dismissal and in that it is for the employer to prove that they had dismissed you fairly. So the burden of proof shifts on to them, rather than you, making your job easier. The issue there is that if they can justify that the selection was fair and they can show that competency was the deciding factor, then they could defend your claim. The job profile may be more favourable towards one person but that in itself is not unlawful – they may actually need these skills and experience and that is why they have made it an important part of the job. So it does come down to the selection method and if there was a clear bias there, this will become evident with time and once the employer has decided who will take up the job and how they were selected into it. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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