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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48559
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for a Local Authority who are currently undertaking a

Customer Question

Hi there,
I work for a Local Authority who are currently undertaking a restructure. My position has been deleted and I have been advised that as such my options include applying for vacant positions which are 1 grade above or below, my current pay grade. Additionaly, where there is no one else interested in a position, staff effected could be assimilated into positions in which they have expressed an interest i.e. they could avoid having to enter into competitive interviewing. Having expressed an interst in a position one grade above my current pay grade and in which I am the only applicant, I have been advised by HR that I will need to be interviewed for the position as the JD for the new position was slighyly different to my current JD. What are my options here and are there any arguments that I could put forward?
Submitted: 17 days ago.
Category: Employment Law
Expert:  Ben Jones replied 17 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 17 days ago.

So how long have you worked for this employer for?

Customer: replied 17 days ago.
18 plus years
Expert:  Ben Jones replied 17 days ago.

What are you a tually hoping to achieve please?

Customer: replied 17 days ago.
if I understand you correctly, I would ideally hope to be assimilated into the position and not have to be interviewed
Expert:  Ben Jones replied 17 days ago.

Thank you. So this policy of automatic assimilation without interview - where is that from, is it an official policy in work?

Customer: replied 17 days ago.
I understand from the Union representative that it is a policy used in these circumstances but I am less sure regarding if/when HR can insist on an interview
Expert:  Ben Jones replied 17 days ago.

WhT the employer is doing is certainly not illegal or breaching any laws. They have the right to interview for suitable alternative employment roles, even if there is only one candidate. They can even reject you for the position if they find that you are unsuitable for it. So the only way to challenge this is if there is a clear and specific policy which says they cannot do that, and even then one which is ideally contractually binding, rather than just a non-specific or non-binding one. Generally it is the only way to challenge this because they otherwise they have the right on how to select employees into positions and it can include an interview if needed. Nothing in law says that they must avoid that if you are the only one applying.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 15 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 14 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks