Had to apply for own job - failed to get it

dottygirl

Hi this is on behalf of a friend. My friend had to reapplied for her support assistant job in a school. She has been working there for 16 yrs and the school has recently been taken over by another charity. She had to reapply for her own job. Sadly she did not get the job. Is there any way she can redress the appointment. She is amazing with the children (Not my opinion however Im sure she is) and some parents are on her side. She is a lovely person so any help would be greatly appreciated. Thank you.

princessdon

What was the feedback?

Did they show her the scorings and explain why she wasn't selected?

She can file an internal appeal if she beleives she has grounds - but she should ask the questions above first.

TrickyWicky

I'm not sure but under the TUPE arrangements I thought this sort of thing wasn't supposed to happen. The staff are inherited from the old employer and are not supposed to be removed unless its for redundancies. By making someone reapply for their own position the company is clearly stating that they intend to keep the role and not make it redundant.

Again I'm no legal expert but thats how I understood it.

Annisele

I assume that there were several support assistants whose jobs were 'at risk', and your friend's employer is trying to reduce the number of assistants.

If that's the case, then I agree that princessdon's questions are relevant. In principle employers are allowed to make redundancies - even of TUPE'd staff - but it would be very hard for your friend to guess whether she has grounds for appeal unless she knows what the criteria were.

princessdon

TUPE (unless they have negotiated explicit terms - Eg remain in post for 3 months) ends the second they move employers with regard to redundancy situaions.

At this point they have the right to be treat as their employee and no more. Eg if they had 3 workers from old company and 4 workers from new company and 4 jobs they couldn't dismiss the 3 from the old company on that basis alone.

TrickyWicky

princessdon wrote: »

TUPE (unless they have negotiated explicit terms - Eg remain in post for 3 months) ends the second they move employers with regard to redundancy situaions

Not sure if you're trying to agree or disagree with me however all I'll say is that this doesn't seem to be a redundancy situation if the employer has made it clear they intend to keep the role instead of making it redundant.

Sorry if I've misunderstood you (Flu)

patman99

It seems to be a way for employers to prune staff without having to pay redundancy. BT have be doing this for years. It is common place in many businesses and charities to make all managers reapply for their jobs every 2-3 years.

KiKi

patman99 wrote: »

It seems to be a way for employers to prune staff without having to pay redundancy. BT have be doing this for years. It is common place in many businesses and charities to make all managers reapply for their jobs every 2-3 years.

?? If you no longer have a job, but have two years' service, you have to get redundancy pay. If there is no longer a suitable job, then it's a redundancy situation, as your job no longer exists.


OP, you need to post more detail. Was she TUPEd prior to being let go? Or were they making redundancies prior to the charity being taken over?

It sounds like essentially there were fewer roles; she, along with others, reapplied for the fewer jobs, and she didn't get it. Is this correct? Unless there are extremely unusual circumstances, it's highly unlikely that she will be able to do anything about it, as - factual errors excepting - they will be able to justify their decision.

How long had she worked there?

KiKi

marybelle01

TrickyWicky wrote: »

Not sure if you're trying to agree or disagree with me however all I'll say is that this doesn't seem to be a redundancy situation if the employer has made it clear they intend to keep the role instead of making it redundant.

Sorry if I've misunderstood you (Flu)

I think you are probably missing the point although the OP isn't clear. If there are 10 support assistants, and the employer will only have 6 in the future, then people often say that they are being made to re-apply for their own job, when what they mean is that the job hasn't changed at all. But that doesn't make it "their own job" because it isn't. It's one of the six jobs left.

getmore4less

Need more info on what has gone on.

Looks like goveners and parents might need to wade in if they are not happy with those left to look after the kids.

OP friend needs to get details of why they are now redundant and appeal if not happy with the scoring system or process.

16 years redundancy pay and 12weeks notice due.

DVardysShadow

patman99 wrote: »

It seems to be a way for employers to prune staff without having to pay redundancy. BT have be doing this for years. It is common place in many businesses and charities to make all managers reapply for their jobs every 2-3 years.

I have seen this done but only where poeple a re put on 'personal contracts' renewable annually or similar with amazing salaries which they would be stupid to turn down apart from the fact that overall they get less than the redundancy would have been.