A person is given a temporary post for one year and their contract says they will revert to their original post if the job is not available at the end of the year, During a restructure 3 jobs become 2. Has this person the right to be included in the ring fencing for the two jobs or should they be ring fenced for their original job, OR should they be ring fenced for both. The 3 posts were made redundant and 2 new posts were created. This person original post where they were 1 of 5 was also made redundant and again 2 post were created from 5
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.can you tell me were the post advertised and made open for all employees to apply during the consultation period please.
Hi the jobs were not advertised. They were ring fenced around those affected.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening.. There is no need to wait and you will receive an email when I have responded. Thank you
Thanks for your patience. When a person is placed in a position where they undertake a different job for a period of time, such as by being placed on secondment, they will have certain rights and I will explain these below.
In a situation where the person is removed from their substantive post for a specific period of time and during that time their original role becomes redundant, they would usually be invited to participate in the consultation/redundancy process and be treated in the same way as anyone else facing redundancy. So if by the deletion of their substantive post a ring-fencing position has been created they should have been ring-fenced for that. However, I only say should because the law on ringfencing is largely governed by the employer’s own policies – there is no legislation that deals with rules on ringfencing and this is left very much down to the employer. They create the ringfencing policies and they determine under what circumtances a person’s job can be ringfenced. So that is why it is important to check what, if any, internal policies apply to such situations and ensure the employer has followed them.
As far as the law stands, the employer is required to offer you any suitable employment that may exist in order to try and avoid having to make you redundant. There is no requirement to ringfence jobs in the process though as that is an internal matter, not something governed by law. So the key is whether there was a suitable position that you could have been offered and if one existed – why was it not offered. That is what could make the process unfair.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
you are welcome, all the best