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Boyfriend made redundant, his job goes to someone else?
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# 1
Cherokee Rose
Old 02-04-2012, 7:42 PM
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Default Boyfriend made redundant, his job goes to someone else?

A few weeks ago my boyfriend came home with a letter from work basically saying there was going to be redundancies and it was between him and two others in his department.

He found out that he is the one being made redundant.

The reason for the redundancy is because they are not making enough money lately.

He went into work today and one of the lads that works in a different department came up to my boyfriend and said he needed to talk to him.

The other guy has just been told that once my boyfriend leaves he will be taking over his role. They cant afford to pay my boyfriends wages but they need the extra person in the department as the two remaning people cannot do the workload alone.

Can they do this? Make my partner redundent then give his job to someone else?

He has worked there for just over two years if that makes any difference.

Thanks.
Maybe this is how its supposed to be.
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# 2
ALIBOBSY
Old 02-04-2012, 8:06 PM
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What they may do is get this other person to do his own work plus some of what your Partners work is ie spreading the work over fewer staff?
As long as they aren't just getting rid of him and hiring a new person to do the exact same job I think there is nothing he can do.

I do know someone at my OH's old work who was made redundant in a very short and almost brutal fashion, her work was then split between the other staff-she had originally been told the work she did would be automated and disappear. She actually went as far as a tribunal but lost because her actual job had gone, the work was spread to others, but the main role was gone.

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# 3
McKneff
Old 02-04-2012, 8:38 PM
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Quote:
Originally Posted by ALIBOBSY View Post
What they may do is get this other person to do his own work plus some of what your Partners work is ie spreading the work over fewer staff?
As long as they aren't just getting rid of him and hiring a new person to do the exact same job I think there is nothing he can do.

I do know someone at my OH's old work who was made redundant in a very short and almost brutal fashion, her work was then split between the other staff-she had originally been told the work she did would be automated and disappear. She actually went as far as a tribunal but lost because her actual job had gone, the work was spread to others, but the main role was gone.Ali x
Its exactley what happened to me, you just have to deal with it. Make sure he gets his rightful pay off and hope he gets a job soon.
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# 4
anamenottaken
Old 11-04-2012, 4:42 PM
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It can even be that the other person's job goes entirely and they pick up all the tasks in your boyfriend's job. That is still legal as long as they were already employed by the company and aren't a new hire.
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# 5
SailorSam
Old 11-04-2012, 4:59 PM
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I was my made redundant about 30yrs ago, in our department was a man senior to us; 2 girls and me. I'd been there much longer than them and earned more than both of them. When without any warning i was called in and told i was getting made redundant i understood why the older guy wasn't going, i couldn't do some of his work but felt 'cos of length of service one of the girls should have gone, but they were cheaper to keep. I went to a tribunal and won, the tribunal told me if i wanted my job back i could have it or receive compensation, i chose the money i'd already told the girls i wasn't doing this to get one of them thrown out.
So Op has your boyfriend got longer service or was he better paid, he could go down that track.
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# 6
anamenottaken
Old 11-04-2012, 5:04 PM
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Quote:
Originally Posted by SailorSam View Post
I was my made redundant about 30yrs ago, .
That may have been then: this is now. The cost to a business is a material consideration.
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# 7
SailorSam
Old 11-04-2012, 6:30 PM
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Redundancy has always been about companies cutting costs.
But the reason i pointed out how long ago that i was made redundant was 'cos i don't know how the workings of tribunals have changed, if they have changed.
Now that i'm what you could describe as an older person i've stopped eating health foods.
I need all the preservatives i can get.

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# 8
falko89
Old 12-04-2012, 8:43 AM
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Thats basically what happened to me. Although it was done illegally so I have my day in court which should bring a bit if satisfaction
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# 9
ktothema
Old 13-04-2012, 11:33 AM
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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.
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# 10
Februarycat
Old 13-04-2012, 12:01 PM
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This happened to me last year after 12 yrs working for a small charity. They changed my job title and added a few more tasks to the job description which in the time you were there would have been impossible to get done, and advertised my old job. I could have took it to a tribunal but in the end was pleased to leave as I did not like the way the charity was going.
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# 11
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Old 13-04-2012, 12:08 PM
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go to ACAS they helped me.
get your boyfriend to ask them how his company selected his post for redundancy out of all the ones that were there.
does boyfirend have a union at work?
can he ask for short time working instead of redundancy?

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# 12
ChBr
Old 13-04-2012, 4:14 PM
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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.
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# 13
Mrs Arcanum
Old 13-04-2012, 4:24 PM
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Quote:
Originally Posted by ChBr View Post
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.
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# 14
anamenottaken
Old 17-04-2012, 8:24 PM
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Quote:
Originally Posted by Mrs Arcanum View Post
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.
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# 15
clive12
Old 17-04-2012, 8:26 PM
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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.
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# 16
LittleVoice
Old 17-04-2012, 9:07 PM
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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.
What law do you think is being broken?
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# 17
kazmeister
Old 22-04-2012, 9:50 PM
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Quote:
Originally Posted by ktothema View Post
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.
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# 18
LittleVoice
Old 22-04-2012, 9:59 PM
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Quote:
Originally Posted by kazmeister View Post
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.
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