redundancy pool, but working in another area

dipsy

Hi

can you tell me how you stand in the following instance?

Partner has been working for a company for 8 years, last 2 years in a different role to the one he was initially employed

Has never been given new contract despite asking several times.

Anyway, the old job he did, Machine operator making ropes, is now under threat of redundancy.

so as he has old contract he too has been put in this pool

Has been offered a job in another location, subject to certain terms which they still have to let him know about.

This will mean working away from home 5 days a week and in some instances 12 days at a time as he will finish nights on a Sat morning and be back in work on Monday, so won't be able to get home.

Is there any legal stance, i.e. if you have been doing a different role for a given amount of time that would exclude you from being in that pool?

He feels he has no choice but to accept the work away from home, which will mean renting out his house and renting somewhere there....
Does anyone have any advice/ideas where he stands?

Many thanks in advance

jazzyman01

It is up to him to inform the company that he is in a different pool of employees and that he has been doing a different job for 2 years. If no one from the area he is currently working is involved in the selection process then he should not be either.

dipsy

Hi, he has had a discussion with them, they basically said, that whilst he still has his old contract, then he will be included in the pool irrespective of the fact he is doing a totally different job and has been for two years, this doesn't appear to be fair or right to me?

thanks in advance

jazzyman01

Has he put this in writing to them? He will need to show that he has challenged this should it become necessary. The emphasis is on 'job' redundant not person. The job he is doing is the one he has been doing and he will be able to demonstrate this I assume?
Are they recruiting in the role he is now doing? What will happen to that post if he is made redundant?

dipsy

ok update on this, he has challenged the scoring on the criteria score due to the fact he is being scored against his old role, but hasn't done it for two years

how can they score him against others that are doing the job and he hasn't for two years

one of the comments against where they left a score blank was that they couldn't score as he hadn't done the role for 18+ months, surely that can't be right,

should they not score him either based on his ability at the time he went on secondment or leave him out of the selection process?

does anyone know the legal stance on this?

letter challenging criteria scoring below::

SXXXXXX,

Many thanks for sending across my score sheet.

As you maybe aware I would like to challenge the scores, I am totally aware and take on board that you have consulted the trade union and that you say they have agreed to include me in the RXXX pool, however, not withstanding this I would like to ask the following questions and as such challenge the following scores;

Training Criteria:

I would like to clarify that there is potentially a score of 10 points for each machine that I am trained on?

If this is the case then I would like to ask how a score of 4 was reached on each machine, I understand that this might be because I am not currently up to speed, due to operational/machine changes since I last worked on the factory floor, but surely this criteria should be assessed as was when I moved into my other role within the business, in order to give a fair representation of my skills when I was working in the RXXXXX

It cannot, in my opinion, be reasonable to score me regarding my ability to operate machinery as it stands today as I have, as has been correctly pointed out, been working in another business area for the last 18+ months to which I was seconded to fulfill the needs of the business.

I also would like clarification to the comment made in this section of the selection criteria, “4 points each, 40 points if all” is this indicating that there should have been scores against four machines and not the three shown on the form?

Level 2, criteria’s one and two.


“Routinely meet and exceed expectations and role requirements by producing a high quality of work on a consistent basis”

“Possess full knowledge of their job functions/duties, as well as, other related aspects of the department, division and organization, with the ability to explain and articulate such aspects clearly to others”

I feel that the comments made are unfair; it appears to me that I am being excluded from receiving a scoring in these two measures again due to the fact that I have been working in another area of the business for 18+ months to which as previously stated I was seconded to fulfill the needs of the business.

With this in mind I would like to ask;

Surely these scores should relate to my performance as was before moving into a different area of the business?

I am not sure I see how I can be measured negatively for having worked in another area of the business for 18+ months in a role that as previously stated I was seconded to fulfill the needs of the business.

This puts me at a distinct disadvantage to my peers as this has potentially cost me an additional score of 24 + points (if he had scores in the two sections in bold this would up his score in that section by 24 points on its own, not withstanding other points raised)

I understand that you will liaise with the RXXXX Shift Managers first thing tomorrow morning and would appreciate your feedback as soon as possible so that I have time to consider the responses and so that I can make a full and informed choice as to which decision I need to make tomorrow at 12 pm.

Kind regards

XXX XXXXXX

zzzLazyDaisy

dipsy wrote: »

should they not score him either based on his ability at the time he went on secondment or leave him out of the selection process?

As you maybe aware I would like to challenge the scores, I am totally aware and take on board that you have consulted the trade union and that you say they have agreed to include me in the RXXX pool,

You have two problems here....

1 - if he was actually on secondment, the new job was never his contracted role, but a temporary arrangement, after which time he would have returned to his old role. This is so even if the secondment was for two years. He needs to carefully check any correspondence surrounding the secondment, especially ant letters setting out the terms.

2 - whether or not he is in the union, if the employer recognises the union, any collective agreements are incorporated into his contract.it may well be that the union has agreed that anyone currently on secondment should be assessed in their normal role, rather than the seconded role, and that would make sense, since in the longer term they would be returning to their normal role, and that will not be possible if that role no lobger exists.