Boyfriend made redundant, his job goes to someone else?
Comments
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As some people have said above it is not the person who is made redundant it is the job. So, the two other people in your boyf's dept - do they have the same job title? If this is the case then you are legally entitled to a consultation process and I think in some cases an interview for the role. Has the new person got the same job title?
It is definitely worth looking on the ACAS website and/or calling them as they have some great advice. Your boyf's company has a legal duty to treat his redundancy in a legal and proper way - make sure this is being done as it is his right not an option. Sometimes companies assume that they can get away with stuff because people are overwhelmed. Know your rights!!
Weigh it up but sometimes it is worth getting particular about this because even if it still results in him being made redundant he might have gained a few extra days/weeks in the process which means he will have some extra money, extra time to look for a job etc. Also don't forget he is allowed time off to look for work if he is made redundant eventually.
If he is made redundant then the best of luck and although it is a horrible time, try to encourage him to deal with it all before heading into future interviews otherwise his bitterness will come across and won't help him. Good luck.0 -
As some people have said above it is not the person who is made redundant it is the job. So, the two other people in your boyf's dept - do they have the same job title? If this is the case then you are legally entitled to a consultation process and I think in some cases an interview for the role. Has the new person got the same job title?
It is definitely worth looking on the ACAS website and/or calling them as they have some great advice. Your boyf's company has a legal duty to treat his redundancy in a legal and proper way - make sure this is being done as it is his right not an option. Sometimes companies assume that they can get away with stuff because people are overwhelmed. Know your rights!!
Weigh it up but sometimes it is worth getting particular about this because even if it still results in him being made redundant he might have gained a few extra days/weeks in the process which means he will have some extra money, extra time to look for a job etc. Also don't forget he is allowed time off to look for work if he is made redundant eventually.
If he is made redundant then the best of luck and although it is a horrible time, try to encourage him to deal with it all before heading into future interviews otherwise his bitterness will come across and won't help him. Good luck.
Work has recently made someone redundant. Their job is gone. However, some months back the HR department was reorganised and two members of staff chose voluntary redundancy because the new hours were not financially worth doing because of child care costs. A third staff member stayed on with longer hours. There are now 2 new staff members with odd temporary work for a third.
It sounds like the OP's BF was targeted for redundancy rather than his job going as the other persons job is really the one that has gone. Definitely check with ACAS as this all looks very dodgy to me.Truth always poses doubts & questions. Only lies are 100% believable, because they don't need to justify reality. - Carlos Ruiz Zafon, The Labyrinth of the Spirits0 -
Mrs_Arcanum wrote: »A
Work has recently made someone redundant. Their job is gone. However, some months back the HR department was reorganised and two members of staff chose voluntary redundancy because the new hours were not financially worth doing because of child care costs. A third staff member stayed on with longer hours. There are now 2 new staff members with odd temporary work for a third.
B
It sounds like the OP's BF was targeted for redundancy rather than his job going as the other persons job is really the one that has gone. Definitely check with ACAS as this all looks very dodgy to me.
A
Time - "some months" - has passed. The needs of the business can change. There is nothing to say anything unlawful has occurred.
B
See post # 4.0 -
you can argue it if there is another post he can be placed in.
what they are doing doesnt sound lawful and sounds like they are using it as an excuse to get rid of him.0 -
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OP, is the new person being given your bfs job title too? That's where the legal sticking point can be. Roles are often seen as a name and tasks. Companies are perfectly within their rights to make role x with job description x redundant, but then create role y which has a very similar job description to x (but with some variance) as long as the entire redundancy process is done correctly. This legally allows them to recreate the same role and recruit someone else.
I also discovered that could work both ways though, I've now been made redundant in round 2. First round, I was told my role was safe except my role was gone. They tried to slyly put me into a role with a slightly different name and JD but which was actually a demotion. Union argued my case on that point and I was given a similar equivalent role in a different team.
You would need to check out the company's redundancy policy (if they have one) as in my experience should a persons 'role' be made redundant and other 'roles' are being created then they would be first in line if they are considered 'suitable alternative employment'. In this case it sounds as if there is a new role being created which BF could step in to, however this could be a lower paid job and if he deemed it to be suitable he would have to accept the lower pay. What they cant do is make a role redundant and then employ someone else in exactly the same role.Mortgage, we're getting there with the end in sight £6587 07/23, otherwise free of the debt thanks to MSE help!0 -
kazmeister wrote: »You would need to check out the company's redundancy policy (if they have one) as in my experience should a persons 'role' be made redundant and other 'roles' are being created then they would be first in line if they are considered 'suitable alternative employment'. In this case it sounds as if there is a new role being created which BF could step in to, however this could be a lower paid job and if he deemed it to be suitable he would have to accept the lower pay. What they cant do is make a role redundant and then employ someone else in exactly the same role.
What they can do is employ a current employee in exactly the same role whilst dismissing the existing post-holder on the grounds of redundancy.
As the thread was started 3 weeks ago, it may be that the OP's bf has already left the company. In that case, if circumstances have changed, they could recruit someone from outside if no currently at risk employee could do the job.0
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