Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Please can you tell me, how long have you worked for the company?
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Many thanks for your patience. If there is a redundancy situation, an employer has a duty to offer those employees at risk any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in a job rather than make them redundant. Therefore, if an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.
Offering a job does not mean placing them in it, but rather it is an offer allowing them to apply for it. They could still be required to compete for the job with other candidates, be it internal or external ones. The employer could also have a specific policy which ‘saves’ specific jobs for a redeployment pool so that those being redeployed are considered first for them in preference to those being made redundant. That is not in itself unlawful, even if it may appear unfair.
However, if someone is being faced with redundancy and is in the same job as you they should be treated equally and not given a job automatically in preference to others at risk. So if the manager you mentioned was given a job automatically and not asked to apply alongside you for it then you could potentially challenge the employer about that. This would be done in appeal first and then you can consider the unfair dismissal route in tribunal.
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Each job can have its own questioning and selection process - there is no requirement that both jobs have to go through the exact recruitment process. As to redeployment. And as mentioned the employer could also have a specific policy which ‘saves’ specific jobs for a redeployment pool so that those being redeployed are considered first for them in preference to those being made redundant. That is not in itself unlawful, even if it may appear unfair. Hope this clarifies?
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
You are welcome