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On the 12 June 2012 and he will let us all know on the 12 June 2014
Hi, it is indeed the employer’s responsibility to try and offer you any suitable alternative employment that may exist in order to try and avoid having to make you redundant. However, it is not expected that they will be creating any new positions to fulfil that duty or offer you jobs which are already filled by someone else. Therefore, even if there is a suitable position that exists but it is already being done by someone else, even if they have been there for less than a year, the employer is not expected to remove these people just so that they can offer you the opportunity to apply for this job and avoid having to make you redundant. This could be an expectation if these people were for example agency workers, so just temporary cover not employed by the employer, but otherwise they are only expected to offer you any available work that is actually available and not already being done by others.
We all have been put on notice so does that make a difference?
yes it could, if everyone is at risk of redundancy and there are jobs which you all can do then a fair way to decide who stays and who goes would be to offer these available jobs to everyone at risk and then use fair selection method to decide who will be offered them and who is unsuccessful
After him giving notice if I am not successful Can he ask us to leave on that day or does he have to give a notice period and if so how long?
He can terminate your contract immediately and pay yo in lieu of notice (basically the pay you would have earned had you been allowed to work your notice period). The notice period you are due would be whatever is stated in your contract of employment, or in the absence of anything there it would be a week for every full year of service
Would redundancy pay be on top of that
yes, assuming you actually have 2 years service by the time you are made redundant
So if he makes me redundant on the 12 June and asks me to leave that day will that count?
yes you would have 2 years' service on that day
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Thank you for your help today you have answerd all my questions