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Can employers who have entered a redundancy consultation…

Can employers who have entered...
Can employers who have entered a redundancy consultation period with staff concurrently recruit externally without having given outcome of interview with an existing staff member (told to reapply for job)
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Answered in 31 minutes by:
3/12/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,942
Experience: Qualified Employment Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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What position is the employer recruiting for? Also, how long will the employees in consultation have worked there for?

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Customer reply replied 4 months ago
Recruiting for new gym instructors. Less than 20 staff affected and all have worked longer than 2 years.

OK thank you for providing this information. As per your earlier query, I will look into this and get back to you as soon as possible. Many thanks

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Hi there, sorry I thought I had replied about this on the other thread. When an employer offers suitable alternative employment to an employee at risk of redundancy, they give them the chancre to apply for that job only, without guarantees that they will get it. The employer retains the right to recruit externally or internally from employees not at risk, if they believe those at risk are not suitable for it. However, I do agree that the employer should at least wait until the interview process has been completed before they decide who to recruit in that role - this would at least give the employees at risk a fair chance of being considered for it, otherwise it would look like the decision not to offer them the role was pre-determined and there was never an intention to even consider them for it.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Experience: Qualified Employment Solicitor
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Customer reply replied 4 months ago
Hello and sorry for lateness as we are still in the middle of the consultation period. I would like to ask if this alone would constitute unfair dismissal? Would the employer need to provide a paper trail if this was raise? If not, are there any references I could refer to to support my case against predetermined outcome?

it can potentially make the dismissal unfair as it suggests the employer did not follow a fair procedure. However, I cannot guarantee if a tribunal would find this as well. If there is a paper trail then they would be required to disclose it as part of any evidence, but only if this goes to tribunal. Proving a pre-determined outcome is not done in any specific way, it is more a matter of connecting the dots - showing that it was more likely than not that this was pre-determined. There is no specific reference you can use, it is not referenced to anything specific but it is all a case of showing that based on what happened there was a strong likelihood that they had already made up their mind. Lack of any evidence to the contrary would also be useful

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Customer reply replied 4 months ago
Thank you for your time Ben, much appreciated during this stressful time. There’s a myriad of past and even current events that allow us to connect the dots, painting a very clear picture of my employers motives. I am confident that collectively, we can show it is more than likely the above to be the case.

i would hope so too, do get back to me if you need any further clarification

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Customer reply replied 4 months ago
Hi Ben, I had a grievance hearing on Friday to raise my concerns about my charity's proposed restructure, specifically mentioning suspicions of ulterior motives and also an unfair process followed with an abundance of supporting evidence. The manager appointed to hear my grievance was the business development director. In my opinion, this was unfair since she was responsible for spearheading the restructure, and so by default, was not impartial. During the meeting, I felt undermined and intimidated. What would be the best course of action?
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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