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redundant in 6 months after we get someone to fill your job?

Employment and Discrimination Law

redundant in 6 months after we get someone to fill your job?

Postby diy » Tue Mar 14, 2017 4:29 pm

A friend of mine has gone through a selection process to re-apply for his job. This has been done en-mass. He's been told he hasn't made the grade for the new-old-job and he will be made redundant. This wont happen for another 6 month as they need to recruit someone to do the work he currently does. They are not allowing him to apply for that job.

This seems rather odd to me - I thought an employer had an obligation to find reasonably suitable alternative employment before pulling the trigger - it would seem the work he currently does is still needed and he should be given the option of doing that work.
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Re: redundant in 6 months after we get someone to fill your

Postby atticus » Tue Mar 14, 2017 7:37 pm

The obligation is to consider whether there is suitable alternative employment. The facts as you describe them suggest the employer may be falling short.
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Re: redundant in 6 months after we get someone to fill your

Postby dls » Tue Mar 14, 2017 8:16 pm

What they are sayig is that they are ready to pay a little extra to get rid of him. Just what extra extra he might get is a question for the particulars.

For the moment he might consider looking for alternate work.
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Re: redundant in 6 months after we get someone to fill your

Postby diy » Wed Mar 15, 2017 10:00 am

He now wants out as you might imagine and has started looking. I read the situation that its him they don't want or they are looking to offer less attractive work having put people in fear etc. I've told him that he should point out that he would consider the role he was assessed for as reasonable alternative employment and that he will be applying even if they have said he will be turned down. I vaguely recall a case where the employees perception of a role is very much part of the consideration.

Then say if that's a problem, he's happy to negotiate something that works providing they pay his costs. He wants to stay in the sector and there is a no re-hire within 1 year rule for voluntary redundancy, which may stop him working in other parts of the sector.
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Re: redundant in 6 months after we get someone to fill your

Postby Millbrook2 » Wed Mar 15, 2017 5:47 pm

To what extent have the duties changed between his existing job and the one he was interviewed for.

You used the term 'old job''. but also say he can't apply for the job they are going to advertise which suggests significant differences. If there was no significant change this sounds like advanced notice of dismissal on the grounds of competency but under the guise of redundancy.

Of course if there has been a restructuring or something similar and there are less jobs or the jobs have changed in nature it may be genuine redundancy.
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Re: redundant in 6 months after we get someone to fill your

Postby diy » Thu Mar 16, 2017 1:55 pm

It isn't disputed that the job description has been changed sufficiently to require re-application. This has been done to a large group and a lot of that group have not made the cut. The unique part, is that this person has been told that they will not be redundant for at least another 6 months, because they need to hire someone to do the job he currently does.

Its the last part that gives him the perception that he is being excluded from applying for a job that he is clearly skilled to do and on that basis he has the perception that the employer is not considering him for reasonable alternative employment.
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Re: redundant in 6 months after we get someone to fill your

Postby atticus » Thu Mar 16, 2017 2:22 pm

I have previously negotiated loyalty bonuses for people in those circumstances: "You want my client to commit to stay that full 6 months and not leave earlier?"
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Re: redundant in 6 months after we get someone to fill your

Postby diy » Thu Mar 16, 2017 2:43 pm

thanks - step 1 is to get him to a position where he can hire such skilled help.
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Re: redundant in 6 months after we get someone to fill your

Postby atticus » Thu Mar 16, 2017 6:59 pm

Surely he can ask that question himself.
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Re: redundant in 6 months after we get someone to fill your

Postby Millbrook2 » Fri Mar 17, 2017 1:47 pm

diy wrote:It isn't disputed that the job description has been changed sufficiently to require re-application. This has been done to a large group and a lot of that group have not made the cut. The unique part, is that this person has been told that they will not be redundant for at least another 6 months, because they need to hire someone to do the job he currently does.

Its the last part that gives him the perception that he is being excluded from applying for a job that he is clearly skilled to do and on that basis he has the perception that the employer is not considering him for reasonable alternative employment.


In this post and the original post you say that the 6 month period is to hire someone to do the job he currently does. Is this his job before the changes or the new job they were interviewing for.

If the former where's the redundancy.
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