Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
Advice on redundancy(4 Posts)
Just wanted some advice from people who have more experience of employment law.
I don't want to give too much information as I don't want this to be too outing.
Yesterday my husband was placed into consultation for redundancy at work. He has worked at this company happily for years. Obviously he/we are gutted.
In Dec he was offered a promotion, which was a completely new job role created in the company, which he accepted. He was due to start this role full time in January but has been doing his old job since with a view to starting the new job asap.
The company has interviewed and offered his old job to somebody else but they have not starated the role yet.
Yesterday lots of people at the company were called in for meetings and made redundant my husband included.
However his old job role remains but he will not/cannot be offered his old job (the job he is still carrying out) back.
I think it's very unlikely that only 1 month ago the company didn't know that redundancy was on the cards and feel that this new job role was created with the sole intention of managing my husband out.
Any thoughts and should we seek legal advice?
Definitely get legal advice from a lawyer who specialises in employment law. Not my area of expertise but it sounds like there may be an argument that this is an unfair dismissal. If you have home insurance that may cover any legal advice he needs.
Call acas as he is technically still in the old job, and so should be secure. Is he being paid the new job salary?
When there are redundancies, there are clear legal processes that must be followed. ACAS have an excellent guide. Do read it.
You need to remember that it’s not a person, initially, who is redundant, it’s the job. Therefore a company can redesign “new” jobs according to their needs, ask for applicants from the people who used to do the original jobs, and then make those who are not successful redundant. They must demonstrably fit the skills of the applicants to the new jobs. Job descriptions and person specs must be made available to applicants. They don’t have to put all the company's jobs into the new structure. It can be a Department or a relatively small section. Change is usually because of a need to meet a challenging business environment and not a reflection on the skills of staff.
There are dates and times that must be adhered to regarding consultation periods. If, when you read the ACAS material, you feel there has been incorrect and illegal procedures in the redundancy process, then see an employment solicitor.
Join the discussion
Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.Register now »
Already registered? Log in with:
Please login first.