Can my employer do this?

[giggidy1]

The company I work for recently announced redundancies. They are making whole departments redundant as part of a company restructure to meet changing needs. It makes sense although it's rubbish for people involved.

Those involved in the consultation period have been offered several internal vacancies to apply for. One of these is the more senior version to my job. I've been after a promotion for a while and my current boss has told me there is no opportunity for progression. So naturally when I saw this advertised I wanted to apply, as the job description is almost the same as mine, just with a different title.

However my employer has told me the vacancy is only open to those facing redundancy. Is this fair and can they do this?it means that I will end up being line managed by someone who has no experience in my department or role, is coming in with a different skill set and at a higher salary.

Can they exclude applicants like this or should we all be given a fair interview?

Whether they can or not ( and I’m sure one of the experts will be here soon to tell you ) if you are being told NOT to apply for a job and you do anyway what do you think your chances of getting it are?

When our company had to redeploy people, everyone could apply for the job, but if the 'redeployment' hit all criteria they had priority over the job.

I think they plan to do it to avoid redundancy rather than because these applicants are more qualified, because they're not - the department being made redundant is more junior to mine. I wasn't sure if a company could give preference to employees just because they're facing redundancy.

Although it's frustrating chances are even if they let you apply they would prioritise those up for redundancy so at least they are been honest and not given you false hope.

It's frustrating and I think I will end up leaving.

In terms of structure and for context, I'm a sales manager and the role is for a senior sales manager.

Those being made redundant are customer assistants.

It doesn't make any sense:

Could you suggest to them that they could give you the promotion, then those on redundancy notice could interview for your current job. If they're a junior team, this might suit their skillset better.

Presumably they will be given the opportunity to apply, won’t meet the criteria and then the company will be able to make them redundant anyway. If the company rates you I suspect you will then be able to apply. Are you sure they think you'd Be right for it though because in theory you should be able to apply for it at the same time - it would make your more junior job free for them to apply for then. Maybe they just want to get rid of them all and this is the quickest way.

I wasn't sure if a company could give preference to employees just because they're facing redundancy.

Well yes, redundancy costs a lot of money, and businesses will often try and redeploy staff to avoid it.

Really though there isn’t likely to be much chance of them getting it though, is there, if it’s several rungs above their current level, so it might be opened up for applications across the business, but it’s in no way unreasonable to give the staff at risk of redunancy first dibs.

I know that people facing redundancy can be given priority, even if they don't have the necessary skills (ie - they could learn them quickly) but I don't believe there is a rule which means that nobody else could apply.

There's lots of information on the Gov website about redeployment in cases of redundancy which may be worth reading up on so that you can address this with your manager.

My own experience of redundancy is that not many people truly understand it outside of HR and mistakes can be and are made.

From my experience it's due to a company having the opportunity for staff to move role within the company vs redundancy. First opportunity goes to those individuals and if no candidate is suitable then they widen the net. I'd not say too much about it though OP as it may not reflect well if they think you're kicking up a fuss.

They can do this.
Anyone facing redundancy, has to be considered for other positions within the company - if they come available.
So in theory you can apply for the position, but they would have to give priority to employees facing redundancy. If not, they might end up with a a huge legal bill for unfair dismissal.

Well, they clearly haven't thought it through. Why would you potentially want to work for someone who is junior to you (at the moment) with no experience of the job.

Sit it out and see what happens. If you're not allowed/encouraged to apply for a job which is the next logical step up then you need to think if you have a future with this company.

Unfortunately, a lot of employers seem to be losing the plot these days.

If they dont have the skill set for the job they wont get the job. You are assuming they will be given the job without merit.

” I'm a sales manager and the role is for a senior sales manager.

Those being made redundant are customer assistants.”

They won’t get the job then will they? It’s fine for an employer to prioritise redeploying redundant staff before opening roles wider, but if people don’t have the necessary skills or experience to do the job they won’t get it.

I'm a sales manager and the role is for a senior sales manager.
Those being made redundant are customer assistants.

If that is a true representation and you aren't being offered the role and your role being opened for the customer assistants instead then I would deduce that your company/boss doesn't see you as a suitable candidate for promotion at this time (or ever).

Are you sure a sales manager is seen as a more senior to a customer assistant or is that in your (or your departments) view only? Does your company have a clear job grading system (I was pretty shocked once when I found out my role was on the same grading as another role I though would be much more senior)?

Are there any customer assistant team leaders or managers being made redundant too?

Can you have an honest discussion with your manager on everything above?

They can do it. Whether it’s a wise decision is another matter

I am not sure either, but I think if you've been told not to apply and told you've no opportunity t of progression I wouldn't see this as a positive message and then try to force them to let you apply anyway..

Instead of focusing on can you apply. I think you should focus on the message they are giving you, which is not a positive one. I'm sorry.

Why are you assuming one of them will be appointed? They could just have an internal policy that if there is a vacancy and there are employees under notice of redundancy, that the vacancy isn’t open to everyone else until redundant employees have had a chance to apply first.

That doesn’t mean an unsuitable redundant employee will definitely be appointed, surely?

I would sit down and try to discuss it with my manager, if you get the job it creates a vacancy which one of the people being made redundant can fill.

If you are going to leave if you don’t get the job or even the opportunity to apply ask if there if you can apply for voluntary redundancy. I fount they would let you but you never know.

When I was being made redundant, I was told about several company vacancies which I had no qualifications/experience in etc, but it’s part of the process. If i had applied, I wouldn’t have got the job. They knew that, I knew that, so I took redundancy.