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Is this 'redundancy' legal?

2 replies

pumpkinsweetie · 06/09/2012 10:12

Hi, my dh a while back was threatened with redunancy and made to re-apply for the same job but with a different title.
He went for the interview a few days ago and has now been told he didn't get the job and is being made redundant. They sent him home to have a 'think' without telling him when he has to leave or what reduntancy money he will recieve. He has been told he is still yet to work there.
He also applied for another job in the building which he is yet to be interviewed for.

Is it illegal to make someone re-apply for the same job or is it legal because they changed the job title wording iyswim?

They also lied about how many people were up for reduntancy in his sector and as far as we can gather have given some of these jobs to the public- Isn't it also illegal to make someone redundant and give said jobs to new employees?
My dh is rather upset to be treating in such a way as he has worked there for such a long time and we are both pretty pissed off that he hasn't been given a date of leave or what money he expects to be entitled to.

With four dcs we are very worried
Tia for any help or knowledge provided

OP posts:
prh47bridge · 06/09/2012 12:15

If they have only changed the job title they are on dodgy ground but if they have changed the content of the job they can make him redundant from his old job and give him the chance of applying for the new role, which seems to be essentially what they have done.

The employer should consider alternatives to redundancy. They can't make someone redundant and then employ someone else to do the same job on the same salary but they don't have to give other vacancies to people being made redundant if the individual is unsuitable for the role.

In this situation they may offer a compromise agreement, which basically means they will pay your husband a lump sum in return for him agreeing not to take them to tribunal.

You might want to repost this in employment issues. There are some HR experts who post on there.

starfishmummy · 06/09/2012 12:32

What prh47 says.
He can look n the ACAS website for advice about his rights

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