Redeployment and assimilation rights

patel007

I'm asking this question on behalf of my daughter.
Our daughter works of local government as a senior officer in ?? She has been on the second term of the temporary contract that runs for 3 months, initial one was 6 months.

She heard last week that a job had come up in her line of work and it's a perm role. However, it has not been advertised externally or internally and looks as though another person from another department but directorate is going to be fitted in as this person is refusing to work with his current team.

At least, should this job been advertised internally? The person is not being assimilated as far as she is aware as his job is still there. What are her rights?
Thanks

IAmWales

She has a right to work her fixed term contract.

If the other person is being moved then there will be a valid reason behind it that your daughter may not be aware of (and has no right to know). They do not have to advertise when there is a business case for a direct transfer.

Can she apply for his previous position?

Savvy_Sue

Unless the local authority has a policy that all jobs will be advertised internally, then no, it doesn't have to be.

sangie595

Redeploying existing staff into positions, for a variety of reasons from risk of redundancy to internal disputes, is very common. For large employers like local authorities, it is not only a way of complying with the law, but also a method of avoiding claims being made - whether warranted or not.

I recently "completed" an ongoing "case" with the early retirement of a disabled member of staff. This person had been relocated around an authority 16k+ strong multiple times over the years. Sometimes twice a year! Why? Because they were, if I am going to be utterly honest, completely incompetent and impossible to work with. Had they been one or the other, someone might have been found to bury them in a quiet backwater. But being both, they wore out their welcome very quickly. But this person screamed discrimination from the roof tops the minute anyone looked at them wrong - one, but not all, of the reasons they were impossible to work with! And despite, in this case, having bent over backwards with reasonable adjustments, and having iron clad evidence that would have resulted in anyone else being dismissed, every time it came to the crunch, the employer relocated them.

It finally got so bad that they couldn't find anyone to volunteer to take them because this person's name was mud everywhere. They then resorted to "paying" managers to take the person.... You take Mr X and well pay for that expensive training you asked for, or give you an extra member of staff, or whatever.

Absolutely everyone breathed a sigh of relief when they decided on early retirement. It was the fastest processed agreement I have ever taken part in!

patel007

Thank you all.

hyubh

sangie595 wrote: »

It finally got so bad that they couldn't find anyone to volunteer to take them because this person's name was mud everywhere. They then resorted to "paying" managers to take the person.... You take Mr X and well pay for that expensive training you asked for, or give you an extra member of staff, or whatever.

Absolutely everyone breathed a sigh of relief when they decided on early retirement. It was the fastest processed agreement I have ever taken part in!

An interesting story, with a surprisingly swift denouement - how was it so quick when presumably a strain charge was involved?

ScorpiondeRooftrouser

hyubh wrote: »

An interesting story, with a surprisingly swift denouement - how was it so quick when presumably a strain charge was involved?

What makes you say it was swift? All you know is that it completed recently. You have no idea when it started.