Employer not offering me ‘alternative employment’ during redundancy even though there’s a role available.

[QueenArseClangers]

I’m being made redundant and finishing next month. My employer (very big) had the exact same role advertised locally and I interviewed last week.
I’ve just been told that the role was given to an external candidate. Surely, according to guidelines, this should’ve been offered to me or any other ‘at risk’ worker?

I feel so let down and frustrated. I’m waiting for my union to get back in touch but from what I’ve read my employer is in the wrong?

Anyone else been through this/any advice?

That doesn’t sound right at all! I would ring Acas to confirm what you should do.

I didn't think they could re advertise your job straight away if they've had to make you redundant? Could be wrong though.

Its shit op, dh is also being made redundant

Contact Acas! That’s so wrong!

I’d appeal the decision and ask for their interview scoring - if it’s the same job at the same grade they’ll be struggling to not give it to you.

Is your union recognised in the workplace? Is your rep any good?

Were you the only internal candidate that interviewed?

You need to state that you consider the role a suitable alternative and you should be put into that post. It could potentially be unfair dismissal if they don't offer it to you.

I'm assuming it's not your actual job and the job title/job description have been tweaked?

Ask for this thread to be moved to employment matters - less traffic but better quality advice.

@MegaClutterSlut it’s the exact same role in the next town. It’s under a different management area but I made them aware that I was at risk.

Just had a call back from my union. They said this shouldn’t be happening and recommended I raise a grievance for unfair dismissal.
Basically say that ‘employer x has a legal obligation to minimise redundancies so therefore why am I being made redundant whilst this role (which I am trained for) is being given to an external person?’

The role is quite specific and anyone new would have to complete many months of training (which is expensive in both time/hours lost and takes away from the service we provide to vulnerable families).

It seems like such a bad business decision as well a shit thing to do!

@ArosGartref yeah, flowery et al are experts so i’ll ask mnhq

The role, if it was a suitable alternative..I.e. same grade/skill set, then it should have been offered to you first.

Did the role require any specific qualifications?

Are suitable alternatives based on your current role/job description or based on you as a person and your previous experience?

Do you have a policy for restructures. The policy will be what guides you.

I'm happy for you to PM me, as I work in HR and deal with this frequently.

@ArosGartref it’s exactly the same role and description but at another branch and town.

Just seen your update... sounds like you have a case and I agree you should raise a grievance.

Have you spoken to HR?

@SandyY2K only got the rejection call at 5 so HR are closed until 8 tomorrow.

Can you request a SAR? My husband did this when his role ceased to exist but a new role very similar did exist. He didn’t stay with the company but he certainly got a better payout since they couldn’t genuinely prove that his role no longer existed.

Sorry OP to suggest this, but were you getting positive feedback about your job? I've seen a lot of instances where companies let employees go, without the real reason (performance issues) ever being addressed.

Yep, @Dontjumptoconclusions appraisals have been good although I did raise a grievance for a disability issue a year ago. I do hope my card hasn’t been marked!

The local hiring manager on the rejection call seemed a bit flustered when I mentioned the deployment situation and my surprise that it had gone to an external candidate.
They knew about my redundancy and the fact that I work doing the same role.

Oooh they are definitely in the wrong!

Speak to HR in the morning and get more information.

What did HR say today @QueenArseClangers?

I hope this gets resolved!!!

What did they say?

Sounds like a potential unfair dismissal to me (do you have more than 2 years service?) Possibly also disability discrimination/victimisation (although these claims may be out of time). I am an employment lawyer. Try and get a free callback with a law firm, or speak to ACAS. Appeal the decision. Raise a grievance. Make a data subject access request. You may not be able to save your job, but you may be able to negotiate a settlement.

Hope they've realised what they've done. Would you still want to work there now?

Thanks everyone. It’s been escalated to an ‘investigation’ by the area manager.
I should hear something by tomorrow (hopefully!)

I’ve been with the company for just over 2 years.

🤞

It might not be a suitable alternative because of the different location? Just a thought. How far away are the two work places?