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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been made redundant due to restructure of which

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Hi I have just been made redundant due to restructure of which one role at my level was already the job I was doing but with a little rewording. My self and another colleague went for the same role of which she had been with the trust and council for many years so I would be the cheaper option. None of the questions where related to the role or Pacific to the role very broad which I believe allowed my colleague to answer the question s. This role was ring fenced at this time I did not get this role to which colleague s could not understand. So I went for the other roles in this grade which where now open vacancy s i interviewed again which this time there was question s about the two roles I had expressed a interest in. I did not get either of these roles and was told they where keeping jobs back for redeployment in pushing our HR department which does not have a designated qualified HR director but a workforce director with no HR qualifications. I have now after pushing for answers to my future found that I will have to be interviewed again for the redeployment opportunity and have been given 2 weeks notice. I have also continuity asked for feedback and have not received any Do I have a possible case Leon ***

Customer: replied 1 year ago.
Also iam I allowed to ask to see the panel s paperwork to the answer s both myself and a colleague provided on the interview.I have been told by both colleague s that they where offered what opportunity they would like and I was not offered any even after requested being selected for all.One area manager to which we went from 4 to 2 got offered one of the assistant roles automatically after being unsuccessful which only left 3 assistant roles for me to apply forIf you require any further information please let me know if have emails and restructure plan which has not been adhered to I think

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?

Customer: replied 1 year ago.
Almost three years

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the tribunal claims process. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

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 second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 1 year ago.
Thanks but I need to understand the followingCan they change the questioning process as in the first interview for the job I am currently doing there where no questing around buildings and facilities very general as my colleague has no experience of this. And we where going for the same role
The second interview for two different jobs we where the given questions related to each role.
Is this allowed.
And I was told that they were keeping jobs back for redeployment to which they only offered me duty mangers role and said I would have to interview for another post to which I could do which is 3grades below what I am on now and I was willing to take this.

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.

Customer: replied 1 year ago.

You are welcome

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