Redundancy or Unfair dismissal? Quick Question

teacherblue

I, along with a high number of staff we have been told that we are looking at redundancies before the summer. We are currently awaiting a list of names which will equate to around 39% of the workforce.

However a while ago my trainee was asking about employment for next year after his course had finished. He made an appointment to see the boss and came to see me afterwards really pleased as he was promised a job. He said he would be taking the place of a member of staff who would be leaving the company. Laughing I said I would be made redundant and he would gain my job.

Less than a month later, I am eating my words. I have had news from my union that I will receive a letter before the end of the week. If the young man does take a contact after his training doing my job, is this lawful?

I am sure there is a number of questions as well as emotions that the next few months will bring, but I need to put this to bed before I harp on about it. Thank you for your help.

Another_not_new_user

The law can't interpret "if's" - something needs to be a fact. The employer cannot simply replace a post that is made redundant - but that does not really mean very much in a vacuum, as there are ways of replacing who does tasks that comprise a work role.

getmore4less

What contractual terms is the trainee on.

If they are already an employee and can be pooled with you for selection then it comes down to that selection process.

TBagpuss

It depends on how the redundancy pool works.
Did you already know about the redundancies before he had his meeting with the boss? It may be that he will find his promised job is not longer secure if the news of the redunancies came later.

teacherblue

Thank You for all your replies.

We were given notice of our redundancies last week and I can now confirm that the trainee will be employed when his course finishes doing my job but with one difference, an added duty. This is a duty that I have in the past carried out.

Does changing a role slightly make it OK for an employer to employ someone else if people are being made redundant?

lulu650

OP you've mentioned your union and they are really the best placed to support you through this issue.


It's concerning and badly timed to offer a job to a new trainee when a large proportion of the staff are being made redundant. Again, your union knows a lot more of the situation than I or anyone else on this board about your company

General_Grant

teacherblue wrote: »

Thank You for all your replies.

We were given notice of our redundancies last week and I can now confirm that the trainee will be employed when his course finishes doing my job but with one difference, an added duty. This is a duty that I have in the past carried out.

Does changing a role slightly make it OK for an employer to employ someone else if people are being made redundant?

If the (former) trainee was an employee and both you and he could do the job which is now available, then both of you could be counted as in a pool of workers from which to select a post holder.

Even if the role had not changed but both you and he were employees, you could both still be in the same pool to be considered.

I'm afraid that actually being the current post holder does not guarantee that you cannot be replaced.

asajj

I think what is weird here is that trainee claimed that he was promised a job after the meeting.

If there was a pooling and selection between two of you, ask them why he was chosen. Selection process normally will depend on number of factors.

Also good that you have an union.

Ask them to help you to pursue about selection process if there was one.

teacherblue

Again thank you for your advice.

The trainee contract was set for a year and comes to an end within weeks of the new contract starting.

Having seen the new structure, a new job title has appeared but even more annoying is the structure now contains a managerial role. He had also said about him being given a role with accountability when we spoke.

I think as asajj suggest, it is sonething that needs to be discussed however the company have made their decision and it seems will be employing the trainee on a new contract.

Please do not think this is personal against the trainee. If he hadn't told me all this before any news of redundancy was known. I just want to know if this is looking like ununfair dismissal.

Thank you.

asajj

Well certainly if I was you, I'd raise my objection to the management and see what they say.

To be fair, I don't think this is unfair dismissal just because the act sounds unfair.

I have been in that position. All candidates were put in a pool and then assessed by their manager and a 2nd manager as a control.

Then some were given roles and some were made redundant. If I was you, I'd ask them if they hav evaluated you for the new position. If they did, what made them to not to choose you over a trainee.

Also: http://www.acas.org.uk/index.aspx?articleid=4098

teacherblue

asajj I really do appreciate your reply and honesty. I think the unfairness is a true statement or one at least without the help of government assistances would be hard to argue.

As I said like many people in my position I will have a mountain of questions. Would you recommend starting a new thread or continuing on this one is I do have any questions.

Kind regards