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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48513
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am in a redundancy process, I went to 3 group consultation

Customer Question

I am in a redundancy process, I went to 3 group consultation meetings. they are reducing night shift and putting more people on during the day at over 100 stores.
At each of the three group consultation meetings, we were told the new positions would be in a store closed poll, only employees at risk of redundancy in an affected store would be able to apply for jobs in that store until 3 individual one-2-one meeting are complete then any remaining positions would be open for anyone at risk of redundancy at any store to apply for.
We were also told the new positions would be placed on a noticeboard in store so we could have a look at them and discuss them in our first individual one-2-one meeting
I have minutes supplied by the employer from these meeting which state the above.
Five days after the last meeting we were told that this had changed. Now the new positions would be open to any employee at risk of redundancy from any store and that they would be placed on a website 2 days later and we have 2 weeks to apply for them.
Can they do this
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.
Expert:  Ben Jones replied 1 year ago.
How long have your been working for your employer?
Customer: replied 1 year ago.
15 years
Expert:  Ben Jones replied 1 year ago.
Ok, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Strictly speaking the employer is able to do this. There is nothing in law which requires employers to adopt a procedure such as the one which they had initially communicated to you. Employers are free to choose whatever policy they find appropriate in the circumstances, as long as they ensure that overall the process is fair. A fair process would require them to conduct meaningful consultation with affected employees, offer them any suitable alternative employment and then make sure that any selection process is carried out objectively. There is nothing stopping an employer from opening up vacant positions to employees of other stores. In fact they can open these positions to employees who are not even at risk or external candidates. The employer has the right to choose the most suitable people for the positions in question and if that means opening up the selection to a wider audience then that is allowed. What is required of them is that you are offered the chance to apply for any suitable vacant positions, a requirement which wild be fulfilled even if people from other stores are also offered the chance to apply for these. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.