Employment Law / Redundancy

[Sterillium]

A long shot I know, as I can't give too many details and it's a web of possibilities, but...

In a situation where a business (that is also a registered charity) enters a phase of redundancy (due to financial issues), where there is a specific role that is required by law, under what circumstances can the business:

> release the current postholder and appoint or promote one of the postholder's similarly trained but less experienced colleagues?

(OR)

> ask the postholder to re-apply for their own job, alongside their similarly trained but less experienced colleagues?

Perhaps this is too complex or too light on detail for any meaningful answers, but I thought I'd try.

[Kermit power]

If they made you redundant and then promptly employed someone else external for your role or something very similar, then I believe you’d have a case for unfair dismissal.

Where that other person is someone already employed by your business, however, so long as they can show that they have actually reduced the overall numbers in the workforce, I don’t think you’ve got any comeback.

[eliot]

Look for another Job - you are going one way or another I’m afraid.

[Sterillium]

eliot said:

Look for another Job - you are going one way or another I’m afraid.

No, I'm not... I'm neither the postholder nor the employer. I am however, an interested party...

[Gargamel]

It is possible, it sounds as though the role itself isn't actually redundant.

what can happen is the company puts everyone "at risk" then consultants with employees on which roles are still required in the future, and then runs a selection process with the employees, in order to fill those positions.

However any hint that they have pre judged the process, might be an issue for them

It also depends on how many roles are no longer required and will be redundant. Over a certain number and it is a more formal process.

It can be done, but to do so fairly and via the right process,seems to be beyond the wit of a number of companies.

[Kermit power]

swerni said:

They make the role redundant not the person.

If the replacement would have to be an external hire then yes, absolutely. It doesn’t seem to be quite so clear cut if it’s an internal replacement though.

There’s more on it part way down this page.