'At risk' in major UK company but have advertised my job already!!

stewaj4

Hi I need help!! My husband was given an 'at risk' letter from his employers. He has worked for them for 26 years. On the day he was given the letter he asked his boss to be straight and tell him if he was staying or going. His boss said there is a job coming up but dont apply for it! Basically telling my hubby that he was no longer needed in the company.

He has had no other consultation etc from this date. Today his job combined with another job (thats he has more or less done in the past) was sent around the company for internal applicants.

My husband hasnt had his consultation yet as it is booked for Friday. It has been said that they know who they want for the job and others 'need not apply!' so we believe that it has been pre planned etc.

How would he stand if he was to mention this in his consultation and say that he would be seeking legal advice etc? Would it be enough grounds for a tribunal?

He does not wish to stay in the company now anyway but it is not the point, it has been handled terribly I feel. We would just hope that his redundancy package is enough to reflect this???

Thanks in advance Jo

Gordon_Hose

Is there an appeal process?

MrRedundant

Ok firstly it is not his job.
Its his job combined with other tasks. I suspect an uprated position and if they dont feel your husband is capable of that uprated position then its not unreasonable to point this out to him.

He can appeal if he wants but I would point out there is nothing illegal in restructuring the department as long as there is a transparent and legal process in place and likewise there is nothing illegal in making it clear that someone wont suceed in an application.

stewaj4

Hi Gordon Hose, I would expect so, would that be or the fact that he wasnt allowed to apply for the job? I didnt think that any company could stop you applying for an internal opportunity?? Thanks

stewaj4

Hi Mr Redundant many thanks for this. Yes it would appear that is what they are saying, I suppose then we will just have to wait and see what they are to give him!!

getmore4less

Check your house insurance for legal cover and get it before the meeting

Acas are also worth a call.

Threatening taking legal advice will most likely be ignored,
saying you have allready taken it and........ is much better.


So what to do.

You could try to get them to put the refusal to interview for the new possition in writing but they would be mad to do this.

Try to find out who has the job offer and if they are also at risk, if not then can their job be done by OH?

Are there any others that do the same or very similar jobs, this could mean there should be a selection pool and criteria ask to see those.

He wants out so the goal is to get a big a payment as possible.

What do they normaly pay, do they offer comprimise agreements.

Find out if statutory or enhanced redundancy is on offer and what the deal is. ( was this not in the at risk letter?)

Will they expect notice to be worked, give garden leave or PILON.

Do they expect you to take all the holidays or are they going to pay them

bap98189

It seems to me that his employer is doing things perfectly fairly. All the things you are unhappy about are based on rumour and hearsay. The only things you know for certain are that your husband has been put "at risk", has a consultation interview coming up and that the company are looking to combine two jobs into one. The rest is just rumours, and whilst they may or may not be true, that is all they are.

The only thing you can consider unfair is his boss giving him a hint. That is certainly something that should not have been said, but given that your husband pushed him for a "straight answer" I don't see what your complaint is. He got one - it just wasn't the answer you wanted to hear. I'm sure if your husband takes this further, his boss will deny saying what he said and that will be the end of the matter.