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Legal question

Hi there,

A question on behalf of a friend.

She is currently in consulting period for redundancy. Her role is being split in 2, with a senior and junior roles being created from her job.

Her employer have told her that they won't put her on notice until they have recruited the more senior person and they have started. They believe that this will take until at least January - possibly longer.

The question I have is, is this legal? It sound awfully cheeky and like the employer is having their cake and eating it i.e. we don't want to have you, but we are not going to let you leave until we are covered!

Any advice or comments on the legality would be gratefully received.

Comments

  • princessdon
    princessdon Posts: 6,902 Forumite
    Is she able to apply for the senior role or does it have a remit that makes it impossible for her to apply?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Whats the package?

    Hw long has she been there?

    Legal yes, no different ot we are closing the office in Jan we will put people on notice when we are sure.

    Also gives time to find a suitable alternative internaly.

    Consultation : ask to be trianed to do the senior role and recruit the junior one.
  • Hi there,

    A question on behalf of a friend.

    She is currently in consulting period for redundancy. Her role is being split in 2, with a senior and junior roles being created from her job.

    Her employer have told her that they won't put her on notice until they have recruited the more senior person and they have started. They believe that this will take until at least January - possibly longer.

    The question I have is, is this legal? It sound awfully cheeky and like the employer is having their cake and eating it i.e. we don't want to have you, but we are not going to let you leave until we are covered!

    Any advice or comments on the legality would be gratefully received.
    Its dead cheeky that, expecting you to train somebody up to do "your own job"
    As reguards it being legal I wouldn't know.(but it wouldn't surprise me if it was)
    Why are they splitting her job into 2,is it going to be cheaper to do it like that?
  • annie1975 wrote: »
    Its dead cheeky that, expecting you to train somebody up to do "your own job"
    As reguards it being legal I wouldn't know.(but it wouldn't surprise me if it was)
    Why are they splitting her job into 2,is it going to be cheaper to do it like that?

    It is lawful, and it's pretty common tbh - the redundant worker will be expected to do a complete handover to the person that is now taking on their allocated duties.
  • jaycube
    jaycube Posts: 55 Forumite
    10 Posts
    First time i am noticing this kind of situation and i do not think so this is legal all you need that to take advice from good lawyer to sue this company.
  • Is she able to apply for the senior role or does it have a remit that makes it impossible for her to apply?

    She could indeed do the more senior job but the company don't want to employer her in it - this is process is really a sneaky way of getting rid of her. They've written the new job descriptions to ensure she can't apply, also frankly after the way they've treated her she doesn't want to!
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