Redundancy Selection - Working Hours

EauRouge

I wonder if anyone can offer any advice. I've been given notice of redundancy and will be finishing work at my present employer at the end of this month. The majority of the business is closing down, however they are retaining some staff, including one member of my team.

The role being retained is a full-time position; I work part time and job share a full-time role with another colleague, and eighteen other members of the team are full time. The colleague with whom I job share has preferred redundancy so will be leaving, and consequently the management informed me that I would be unable to apply for the position on offer on a part-time basis, due to my working hours being insufficient to cover the requirements of the role. I otherwise comfortably scored higher than any of my colleagues on the formula my employer would have used to select who to retain.

I know that technically, selection for redundancy due to my being part-time is possible unfair dismissal. However, the fact that I would have been unable to fill the required hours of the only available role means I was selected for redundancy (and was the sole reason for my selection). Is there a common sense rule to protect employers in such scenarios, or is it still 'unfair'?

Is anyone able to offer any guidance on where this might put me legally?

getmore4less

I think it is fair.

You don't actualy do the job that is left and you don't think it is a suitable alternative on the grounds of hours not being suitable(your choice not theirs).
(if I understand you can't/won't do full time)

What you should do is as part of consultation suggest that the job should be offered as a job share, positive spin is better cover for holidays and sick etc over 1 person. they an consider this on business needs.

This could be done as you both are not redundant this won't go down well with your co-worker being told they are no longer redunant(they would not get a choice). this is a risk for the employer if the other prson just leaves so a better option fo them is to offer up the 2 part time job share rolls to everyone and if 2 or more are happy the alternative is suitable then that can be considered along side the one full time person. If you are the only one tht want the job on a part time basis they can ignore the option.