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Can they do this - redundancy related

5 replies

zubin · 02/12/2011 21:51

Work are thinking about having a restructure for various reasons - the proposed 'new' roles will be called the same thing but will have different expectations and a bit of a new focus. There could be a reduction in staff levels (funding issues) but they are also saying that people who interview for the 'new' roles have to meet certain criteria and score to a set level at interview to be appointable, if not they will be made redundant and the jobs advertised - my question is can they do this? (I should maybe add my role isn't affected I am going to be the one who has to do the interviews!!) Thank you in advance

OP posts:
londonmackem · 02/12/2011 21:56

No they can't, if the job is the same you cannot make a person redundant - the post is made redundant

zubin · 02/12/2011 21:58

They are saying the job is different, despite it being called the same thing as there are different expectations and responsibilities (as well as some of the old!) - basically saying they are new jobs!!

OP posts:
Bossybritches22 · 02/12/2011 22:06

if they re-write the job description that goes with the application form & change the title of the post then they can I think, but it may be a grey area if the duties are significantly similar.

I there's an HR dept they should know if not try the ACAS hotline if you want to be sure you're not challenged by any disgruntled ex-staff.

magspider · 03/12/2011 10:56

As an earlier post said it is the post that is made redundant. I think the job needs to be significantly different - normally a 60% fit would mean the job is yours. When they reduce numbers however I think it might be a competitive situation when say 10 of you may be asked to apply for 5 jobs or some other fair discriminator is used to dish the jobs out making the remainder subject to redundancy.

PieCherry · 08/12/2011 16:41

An employer can do what they like if they are prepared to face the consequences!

If a role can be deemed as substantially different, they can go through a process of asking existing employees to apply, and those who do not meet the criteria of the new role can be made redundant as the original job no longer exists.

The incumbant job holder could raise a grievance and/or go to ET for unfair dismissal or unfair selection for redundancy.

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