Employment law - suitable alternatives

[Workplacedramatics]

can anyone in the know clarify something for me please?

i am one of a large number of people currently at risk in my org. All ok, and in honesty an opportunity even if the payoff is a bit shit.

I’m in an interesting place because there is a role advertised that I am actually very qualified for based on it being a direct amalgam of my current role (4 years) and my previous role (6 years, 2 roles). The advert has probably been written in a way that they though nobody internal would qualify and they wouldn’t have suspected I had some niche experience.

I’ve asked for it to be considered SAE based on my knowledge, skills, and experience. They are refusing because there is not good overlap with my current role (but it is on the same pay scale and same terms). My reading suggests that role overlap is more about my right to refuse, and that if I can demonstrate ability (even with training) that might be enough.

Does anyone know? Can they refuse me as a suitable candidate because my current duties are different? My current role has drifted from my JD so it probably looks even more different now but there is more overlap with original role (but not a huge amount of crossover). The role does have a higher profile despite being on the same pay scale.

In addition, I have gained significant academic qualifications in my post, and am already very highly qualified from my previous career.

It's irrelevant that the alternate role doesn't overlap much with the old role. There's LOADS of precedent for people at risk of redundancy being redeployed to totally different roles. If you would need significant retraining or don't meet the qualifications & experience requirements then it's not a suitable match but otherwise they are wrong not to match you to it IF you will otherwise be made redundant. However you are currently only at risk of redundancy, and may not be made redundant.

You should put in a normal application for this other role, but also seek some proper (not random strangers on the Internet) advice. It might be that if they don't give you this other role and then make you redundant you would have a substantial case against them - but it may never come to that.

Thank you. That’s my interpretation too (and of course if I was going to challenge them I’d lawyer up but wanted to check I’m not on a fools errand).

i am in a compulsory redundancy situation inasmuch as my role does not exist. I have the option to apply for other roles, if any are ones I want to do, but I don’t have sight of those yet. There is no direct match for my role though so assuming I do nothing then I am redundant. They will lose >10% in my area and competition for roles will be fierce.

I can’t find precedent for the lack of overlap if I actively want the role, but I can find loads about being able to refuse if the role is too different.

May I ask, @RatedDoingMagic, do you have professional experience in this area or are you an enthusiastic amateur like me?

Central to the issue is that the JD they’ve written has a perfect match for my career history and qualifications, but I can see that I am not what they would be expecting. In simple terms they seem ti be wanting to judge suitability on something not written down.

Just an enthusiastic amateur I'm afraid. But I have been in numerous companies where redundancies gave been mooted so have been familiar with these kinds of situations as an observer. I also have a friend who is a head of department ranting to my sympathetically listening ear about having to accept a dictated-from-on-high transfer into her team because his old team was being made redundant and the role she had fought for ages to be approved was having this person who she deemed inappropriate shoehorned in because he met the basic requirements despite the fact she was confident she could have recruited better through an open competitive recruitment process. So it definitely happens.

Thank you.

the irony is that I (and others) know that I would be awesome at the role. But I’m also sensitive to not being foisted on someone. It’s a niche role and has two parts but I have two postgraduate degrees that nicely deal with each part and bundles of experience.

Bumping for the Sunday morning crowd

I would apply anyway, unless there is some way that internal recruitment procedures stop you. Also, speak to the hiring manager.

In that case simply apply, and be the best candidate for the role.

Thank you. I have applied by the normal route. But I’m worried if they don’t see it as SAE they will find a way to either not appoint, or appoint someone else,