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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50157
Experience:  Qualified Employment Solicitor
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I have recently been made redundant. Once I was put on

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I have recently been made redundant. Once I was put on consultation I applied for a similar role nearer to my home. My application was acknowledged and it was also chased by HR during the consultation period. I was not even given a phone interview, a you're not suitable or anything. I have emailed the HR DIRECTOR to raise this and they still after 2 weeks have not got back to me. Have I a case for a grievance?

Hello how long have you worked there for?

Customer: replied 1 year ago.
Hello Ben
8 years. I have given 8 weeks statutory redundancy pay and my contract ends Wednesday next week.

Thanks. Is the job still available?

Customer: replied 1 year ago.
I have had a response today from the HR director apologising for the failings and he has asked the recruiting manager to contact me to confirm why my application was not progressed. The role has now been filled I believe.

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

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Customer: replied 1 year ago.
Thanks Ben
Do you think it is best to wait to hear from the recruiting manager to confirm why I was not even put into the process or just raise the grievance now?

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