Unfair Dismissal in Redundnacy. Anyone help?

davewilliams59

Hi

I've been working for my company for 16 years and in January I was given notice (along with 350 other staff) of potential redundancy and 90 day consultation period.

The business have sent communications stating that they would do everything in their power to find alternative work either within the division, another part of the business or externally, however they aren't actually doing anything in reality. They also stated that any internal vacancies would be advertised using the company intranet site and that employees at risk would be looked on favourably. They also said that during consultation meetings they would identify what jobs we would consider and actively look for alternative employment for us.

Last week a job was advertised for a vacant position of Coomunications Manager and this was advertised and applications invited from at risk employees. Now this is the important part.....
The previous Communications Manager, who is not at risk of redundancy, had been given a new job as a Training Consultant which had been created solely due to the redundancy situation as new staff at the new site will require training.

This Training Consultant job was not advertised at all and simply given to the individual who was not at risk.

Now I have more experience in this field than the guy who was given the job, but was not made aware of the vacancy and feel that if made redudant will have been unfairly dismissed.

Can anyone clarify if I do have a case for unfair dismissal and what I should do next? The question as to why the job was not advertised is due to be asked to the business by work place reps shortly.

daffydukky

davewilliams59 wrote: »

Hi

I've been working for my company for 16 years and in January I was given notice (along with 350 other staff) of potential redundancy and 90 day consultation period.

The business have sent communications stating that they would do everything in their power to find alternative work either within the division, another part of the business or externally, however they aren't actually doing anything in reality. They also stated that any internal vacancies would be advertised using the company intranet site and that employees at risk would be looked on favourably. They also said that during consultation meetings they would identify what jobs we would consider and actively look for alternative employment for us.

Last week a job was advertised for a vacant position of Coomunications Manager and this was advertised and applications invited from at risk employees. Now this is the important part.....
The previous Communications Manager, who is not at risk of redundancy, had been given a new job as a Training Consultant which had been created solely due to the redundancy situation as new staff at the new site will require training.

This Training Consultant job was not advertised at all and simply given to the individual who was not at risk.

Now I have more experience in this field than the guy who was given the job, but was not made aware of the vacancy and feel that if made redudant will have been unfairly dismissed.

Can anyone clarify if I do have a case for unfair dismissal and what I should do next? The question as to why the job was not advertised is due to be asked to the business by work place reps shortly.

Not sure if anyone can confirm with certainty if you have a case as the position would need to be tested via an ET which I would hope it doesn't come to.....

On the face of it if you are better qualified, [others may have been as well] then there is potential for you to have been displaced as a result of this decision, if so have you been put at a disadvantage?

If you do not find another role then you may have a case to contend but any view on who is best placed will need to be tested and considered.

A key question to consider is whether the company followed its internal procedures? if it has a claim may be harder to substantiate, if not then its more likely that you have a valid claim.

I hope this helps and it all works out well for you in the end..

davewilliams59

Thanks for the reply - they clearly didn't follow the procedures they have communicated to us in the consultation period that all internal vacancies would be advertised and that at risk staff would be looked on favourably.

getmore4less

They can create jobs and put people in them.

Have they been offering jobs at the new location?

davewilliams59

They have been openly recruiting 96 staff at the new location but have advised us that they are only temporary to cover busy end of financial year period and for covering time off for consultation meetings at our office. I know that this is a lie as I have seen the recruitment plan and we always recruit temp to permanent and that these temps will be taken on full time come the end of their 12 week temp contract - after we have been made redundant. Is this illegal?

So are you saying they can create new jobs, not advertise it to at risk staff, put people not at risk in them and that is legal?

RadoJo

Nothing to do with the legal side of things, but from what you say it sounds as though there are still the same number of vacancies - ie by moving this person, there is now their job available for those at risk of redundancy. Have I got that correct?

getmore4less

davewilliams59 wrote: »

They have been openly recruiting 96 staff at the new location but have advised us that they are only temporary to cover busy end of financial year period and for covering time off for consultation meetings at our office. I know that this is a lie as I have seen the recruitment plan and we always recruit temp to permanent and that these temps will be taken on full time come the end of their 12 week temp contract - after we have been made redundant. Is this illegal?

So are you saying they can create new jobs, not advertise it to at risk staff, put people not at risk in them and that is legal?

Nothing I know of makes this illegal.

There needs to be a fare selection process. But that only applies to the selection pool for the area where there is a diminishing requirement for the work.

Once legaly selected there are no laws that say you must be considered for all sutiable allternatives, UNLESS you are on maternity(maybe also pre maternity) then you get preferential treatment.

There is nothing stopping you applying for any jobs you know about where they are inviting candidates.

There is also something called bumping where the people doing a job that is redundant can be given someone elses job and that person made redundant.

If the same jobs are relocating then you may need to address why relocation is not an option.

They may not be the same jobs if they are changing the T&C's.