Would this be classed as a sham redundancy?

[Anonnyno]

An Employer has a team which consists of a manager, exec and assistant. The exec leaves and a replacement is recruited. The Assistant is then promoted to exec level too, meaning the team now consists of the Manager and two execs.

Can the manager then dismiss the recently employed exec on the grounds that:

a) there’s not enough work to justify two execs and do they need to get rid of one to save costs
b) they’re making the recently employed exec redundant on the grounds of “last in, first out” (given they were the last employed, albeit the assistant had been there longer in a different role)?

(This isn’t something I’m considering doing myself by the way! Just considering a hypothetical situation as a friend is feeling vulnerable).

How long has the recently employed exec been there?

If it's less than 2 years, I think it's fairly easy for an employer to terminate their employment, unless there's a case for discrimination.

(England) Technically an employer can sack any employee with under 2 years service for basically no reason at all, so if they wanted rid of the new employee they wouldn't even have to go down the redundancy route.

Is there not enough work for two? Isn't it just that they each now do their own admin? So half their workload is the exec stuff and half is the half each of the admin person they no longer have?

@BernadetteRostankowskiWolowitz It’s a bit of an odd situation. The assistant quit for another job at the same time as the exec, I think because they hoped they’d be offered the exec’s job but doubted it would happen/thought the grass was greener elsewhere. That job then fell through and they came begging for their old job back. They were given it, but in that space of time they we’re in the final stages of recruiting my friend for the role (ie. They’d missed deadline to apply).

Six months have gone by and now the assistant has been promoted to a second exec after manager made the case to senior management. Friend is nervous as work load isn’t exactly heavy - or at least they’re not seeing as much work going there way as there could be. So fears it could be back door way of getting assistant in the role after they squandered their chance first time round.

Your friend can be dismissed at any time as she has only recently started there, they don't even need to call it a redundancy.

I don't understand your comment about back door way of getting assistant in the role. The manager made a case for it and it was approved, she is now in the role, whether your friend has her employment terminated or not, I am not sure I properly understand what you are getting at?