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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48761
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have just completed a redundancy process and two individuals

Resolved Question:

We have just completed a redundancy process and two individuals applied for a role as part of a restructure. One was appointed and unfortunately the other was made redundant.
This morning we have received a call from the individual who accepted the new position resigning from her position. Do we have to offer this to the other employee who was made redundant even though her skill set was not sufficient to perform this particular job ?
Following the restructure the business has decided that they wouldn't require a Customer Support Rep at this particular branch and that they would look for a more Regional Account based person to source and secure new business going forward. Should we be telling the individual who's position was made redundant before they find out and question why they haven't been offered the position following the other candidates resignation.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.can you tell me how long ago the redundancy occurred and has this person been full paid off please.
Customer: replied 1 year ago.

We let her go last Friday when she was told her position was redundant and her redundancy and notice will be paid on the 15th January as we have already run our December payroll.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. You do not have to automatically appoint the person in that position. Under law the employee has a right to be offered any suitable employment which exists but that does not guarantee their appointment in that job. For example they could be given the chance to apply for the job but if they are not suitable for it then they do not have to be appointed and you could even get an external candidate in. So if she has already been interviewed for the job and found to be unsuitable, you do not have to offer it to her again. Also, she no longer works for you and as such you have no further obligations to make any offers to avoid the redundancy – this duty only applies as long as she is employed by you.
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