Suitable Alternatives?

princessdon

Evening all - I have been at risk since January. 1 of 4 only, as externally funded for a specific project whose funding is ending. Various things going on including TUPE to the funders etc so it is complex.

Anyway today I saw a job on external company website that I would be a 95% match for so queried with HR and their reply was that they didn't have time to skills match and due to time constraints went external.

Due to being "seconded" to the project I haven't worked for my company for 6 years, so I get why they wouldn't know my role, but now that it is there, what can I expect?

Do I get preferencial treatment - or is it a case of I am equal to external candidates?

getmore4less

I don't think there is any legal requirement to give people alternative jobs.
There may be an internal/local policy but you would have to persue that.

As an internal employee go direct to the recruiting manager and sell yourself for the job.

if you get the job you are no longer redundant.

princessdon

There is a local policy but the guidance Unison gave me says the following.

What obligations does an employer have with regard to offering suitable alternative employment?

It is important as part of a fair and reasonable redundancy procedure for an employer to consider whether it, or any associated employer, has any vacancies that would be suitable for staff who would otherwise be made redundant. The employer is not obliged to create new jobs for redundant employees, but failure to offer any available suitable alternative may make a dismissal by reason of redundancy unfair

I am speaking to HR tomorrow so wanted some guidance before hand.

getmore4less

Thats a bit of a catch all, "may be unfair".

The employer still has the right to look at more than just potentialy redundant employees for a suitable candidates.(except for pregnancies).

Local policies on redeployment etc might give better protection.

IMO any job you are prepared to do is potentialy suitable.

Remember that upto the point you are officialy on notice it is just a job application so the normal redundancy rules around suitable alternatives like 4 week trial don't apply.

THe suitable alternative is more to protect the employee being asked to do an alternative job that is not suitable.

princessdon

Many thanks

getmore4less

In many organisations they are so messed up you have to look after No.1

If there is a job you want go after it as well as go through the official processes.

Use your network of people you have worked with and know to get to the people that matter and find out what they are looking for.

Look after No.1 don't wait for HR, TUPE or redundancy do what is best for you.

princessdon

The problem is the job I have seen advertised (and yes I want it) is 2 grades lower (approx 7K a year) BUT I have pay protection for 3 years and so they are not going to want to pay that out if they can help it.

Our current policy is that NO postions would be advertised either internally or externally whilst staff are at risk and that consideration is given to them first. After interview if they deem they are not successful or correct for the post it can then be advertised internally/externally.

In this instance they advertised externally - failed to inform me at all (a colleage sent me the link to their website).

getmore4less

You need to address the internal process if not happy with the way this has been done.

Apply directly through internal process as an at risk person.

Would the recruiting manager and the HR people they deal with even know about your possition being at risk.

if you can't get anywhere dealing with your manger, HR, recruiting manager and belief there has been a failure of policy then you will need to take it higher, might even need a grievence.

Are there any other people in the organization currently at risk, any other jobs going, if the policy is as you say then all at risk should be assessed for all jobs.
If there are others in similar situation that might help if you can raise the issue as a group.

You would need to take legal advice if this failure of internal process could lead to anything should you end up redundant

caeler

In addition to the good advice already here, redeployment is an excellent way to mitigate redundancies and an employer is required to do that! If the salary is substantially lower than your role then they may feel that the role isn't a suitable alternative but didn't articulate it very well to you.

princessdon

I have asked them. The problem is I am in a completely different role to my post - I took on additonal hours for another function - it is volutary (ie not contractual and I can refuse/work more/work less) and HR did not have details of this, only my part time post, hence why they didn't consider me.

I have *hopefully* rectified this fingers crossed. Thanks for your advice.