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I was advised by letter on 18 December that my job role is…

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I was advised by letter...
I was advised by letter on 18 December that my job role is potentially being made redundant as a cost saving exercise as it is a unique role to the location and there is a pool of one i.e. me. I was informed of 4 meeting dates, 3 of which are consultation meetings and the final one will be to advise the outcome. I had the 1st meeting on Friday at which the Manager who took it admitted that my skill set had not been looked at. I asked why my role wasn't simply being changed with different tasks being given to me and he advised that there is no benefit in having my role. My tasks and job title have been changed in the past without going through a redundancy process. He advised of 3 current vacancies at the site and said that I could give him a CV if I wanted, was up to me. Am I correct in thinking that prior to deciding to go down the redundancy route, he should have looked at all positions within the company not only vacant ones and decided if I had the skill set to meet any of them. He also needed to take into account my length of service, attendance and performance records. If there was a role which I am capable of doing, it should be someone else who is potentially made redundant. At this meeting I asked for the job descriptions of the vacnacies but wasn't given them. I have had to email him twice to ask for this and the salary and hours of work which he appeared to be reluctant to give me. I have the 2nd consultation meeting tomorrow, can I inform him that he has not followed the correct procedure and that it is not for me to ask to be considered for jobs, he needs to identify if I am suitable and advise me of this. If he decides that I am not capable of fulfilling any role after training, then he needs to tell me why. There are 80 employees on site and 2 of us are going through this process. We have different roles but both are unique.
Submitted: 5 years ago.Category: UK Employment Law
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Answered in 7 minutes by:
1/8/2013
Solicitor: Ben Jones, UK Lawyer replied 5 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 9,058
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long have you worked there for?

JACUSTOMER-06uw2pmg- :

7.5 years, never been off sick and perfect timekeeping. No performance or disciplinary issues.

Ben Jones :

In a redundancy process it is for the employer to search for and offer the affected employees any suitable alternative employment (SAE). The duty to offer SAE is quite important because an employer's failure to offer such positions when they exist could make the whole redundancy process unfair and result in unfair dismissal. So if there are opportunities available the employer has to offer these to you and it is then up to you to decide whether to apply for them or not

JACUSTOMER-06uw2pmg- :

At what point should he have done this? Before he took the decision to start the redundancy process or should he have discussed this at the 1st consultation meeting. At tomorrow's meeting can I advise him that I am not prepared to give him a CV or apply for any vacancies and it is up to him to look at all roles within the Centre and decide if I could do any of them.

Ben Jones :

No, this is part of the redundancy process. Your positions would have been identified as being at risk of redundancy and then you would have started the consultation process. This is where you are now. It is as part of this consultation that the employer will have to consider offering you SAE positions if they exist

JACUSTOMER-06uw2pmg- :

So do I have to give him a CV or do I just tell him that it is up to him to consider me for ANY ROLE OR ADVISE WHY HE ISN'T? Is it any role within the company or does it only relate to the 3 vacancies?

Ben Jones :

It has to be a suitable role. So if the employer does not know your skill set then they should ask you for it and you need to cooperate. If they do not know it and they do not offer you anything because you have refused to tell them then you van't really blame them

JACUSTOMER-06uw2pmg- :

I definitely have the skill set for 1 of the vacancies but it is £7000pa less than I earn and 50 hours per month more. Would it be reasonable for me to refuse thia one if I was offered it?

Ben Jones :

If you do not believe that it is suitable due to the pay/hours then you can reject it and opt for redundancy instead

JACUSTOMER-06uw2pmg- :

This is still just general information which I already. I

Ben Jones :

I have answered all your specific questions if you have more I can continue

JACUSTOMER-06uw2pmg- :

No thank you

Ben Jones :

ok goodbye

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