Employment Lawyers Can Answer Your Employment Law Questions
Hello how long have you worked there for?
Thanks. Is the job still available?
When an employee is facing redundancy the employer has a duty to offer them any suitable alternative employment hat may exist at the time. This is in order to try and avoid the need for redundancy and keep the employee in a job. Offering employment to someone does not mean they are guaranteed the job in question, it simply means they are able to apply for it. At the same time it is entirely possible for others to be considered for the same role, even if they are external candidates. The employer has a duty then to ensure a fair selection procedure is carried out but in the end they have the right to choose who is appointed in that role, and they can decide who the most suitable candidate is. This is the case even if it means that the employee at risk ends up being made redundant and someone external ends up being appointed to that role.
The main issue here is that you appear not to have been considered for that role in the same way that others may have. Let’s say the position was filled by someone else and they went through a competitive procedure like an interview, you may certainly consider a grievance for not being considered. You may even consider an unfair dismissal claim. However, if the employer can show that even if they had followed a fair procedure, such as including you in the interviews, and the outcome would have been the same, then any potential compensation could be reduced by up to 100%. But by all means raise a grievance at this stage.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take this further after the grievance, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
the issue is that once your employment terminates the employer is no longer obliged to hear your grievance so raise it whilst still employed by them, even if you have not heard back from the recruiting manager before then