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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51163
Experience:  Qualified Employment Solicitor
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I've just been told that I have to reapply for my job at

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I've just been told that I have to reapply for my job at work as the company need to cut 2 section leaders within our store. We will however be gaining a deputy manager that we currently don't have. The next day after being given this information another section leader informed me that she had been offered the deputy roll the same say we were told we could all apply for any of the job roles. My fear is that the decision of who is keeping their job has already been made before the interview process has been take place. Where do I stand with this?

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

How long have you worked there for?

Customer: replied 5 months ago.
2 years in June

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and 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 respond 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 you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:
• Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
• Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
• Making a protected disclosure (i.e. whistleblowing)
• Being a part-time worker

So in tour situation it does sadly mean that the employer could have pre-determined who gets the available positions and select you as the one to be removed. It would be unfair, but as you would not have the unfair dismissal protection and cannot legally challenge them they can get away with it. Therfore, it is more of a moral argument than a legal one.

As such, if you cannot show that the reason you were selected was because of the exceptions listed above, any potential dismissal would not be something you can challenge, just because you do not have the minimum service required to do so.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 5 months ago.
Thanks I already knew from the gov website I don't really have any rights and won't be offered redundancy I'm just more concern that going for an interview that has already been given to someone else. But as you have said it's more of a moral argument than legal would it be worth me reporting it to our ethics board so that everyone has a fair chance in our interveiws?

you certainly can do but as it is an internal complaint it will be contained to the employer. Still, there is nothing stopping you from reporting it, ti will not harm you in any way. Hope this clarifies?

Customer: replied 5 months ago.
Great thank you

you are welcome, all the best

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