redundancy - alternative employment

[adviceseeker]

I would greatly appreciate any opinions on whether my employer has failed to follow the statutory redundancy procedure in relation to seeking suitable alternative employment in my case.
I have been employed as Assistant Store Manager for 4 years. The store branch where I am employed is closing and the Company is undergoing individual consultation with the affected staff. It is one of two branches in the same town. I have learnt that the Store Manager of my store was offered and has accepted the position of Temporary Assistant Store Manager at the other branch. This position did not appear on the Company’s list of vacancies and I was not informed about it in my redundancy consultation meetings. I was clearly suited for the vacant position as I already have several years full time experience in this role.
Is the Company under a legal obligation to give me the same opportunity to apply for the job as was given to the Manager of my store?
I would appreciate opinions on whether the Company has failed to carry out its statutory duties and also whether I might have a wrongful dismissal claim against the Company – perhaps for breach of Trust and Confidence regarding the preferential treatment of my manager.
Is there anything to be gained by raising a formal appeal against my redundancy and/or raising a grievance on grounds of the Company’s failure to consider me for the vacancy in question?
Or, do I allow the redundancy notice period to expire & seek recompense through an Employment Tribunal within 3 months of my dismissal?
Should an employment Tribunal uphold my case for unfair dismissal what is the extent of the award that is likely to be made?

[Sapphire]

Re: redundancy - alternative employment

Hiya, unfortunately I cannot help you with this, but I know that a lot of people consult ACAS with employment problems, we do have people on here with this kind of experience and I suspect that they will pop along presently.

[strangewayofsavin]

Re: redundancy - alternative employment

I would greatly appreciate any opinions on whether my employer has failed to follow the statutory redundancy procedure in relation to seeking suitable alternative employment in my case.
I have been employed as Assistant Store Manager for 4 years. The store branch where I am employed is closing and the Company is undergoing individual consultation with the affected staff. It is one of two branches in the same town. I have learnt that the Store Manager of my store was offered and has accepted the position of Temporary Assistant Store Manager at the other branch. This position did not appear on the Company’s list of vacancies and I was not informed about it in my redundancy consultation meetings. I was clearly suited for the vacant position as I already have several years full time experience in this role.
Is the Company under a legal obligation to give me the same opportunity to apply for the job as was given to the Manager of my store?
I would appreciate opinions on whether the Company has failed to carry out its statutory duties and also whether I might have a wrongful dismissal claim against the Company – perhaps for breach of Trust and Confidence regarding the preferential treatment of my manager.
Is there anything to be gained by raising a formal appeal against my redundancy and/or raising a grievance on grounds of the Company’s failure to consider me for the vacancy in question?
Or, do I allow the redundancy notice period to expire & seek recompense through an Employment Tribunal within 3 months of my dismissal?
Should an employment Tribunal uphold my case for unfair dismissal what is the extent of the award that is likely to be made?

Unfortunately your company is governed only to try to re-employe as many as it can, there are many senarios that lead to a situation your company are in:
are they being bought out by a competitor? if so the byeing company are only liable for existing debts, although they must try to salvage as much as they can.
However if it is shown that the only way for the company to survive is cut backs, then you are only legally entitled to your redundancy, you will probalbly find that because your manager is on salary, it it cheaper for the new company to offer them a similar position in another branch, purely to save on redundancy costs.
As for the redundacy renumeraction, they cannot avoid these, and if the new company refuse to pay, then you may have a case for ACAS

[adviceseeker]

Re: redundancy - alternative employment

Unfortunately your company is governed only to try to re-employe as many as it can, there are many senarios that lead to a situation your company are in:
are they being bought out by a competitor? if so the byeing company are only liable for existing debts, although they must try to salvage as much as they can.
However if it is shown that the only way for the company to survive is cut backs, then you are only legally entitled to your redundancy, you will probalbly find that because your manager is on salary, it it cheaper for the new company to offer them a similar position in another branch, purely to save on redundancy costs.
As for the redundacy renumeraction, they cannot avoid these, and if the new company refuse to pay, then you may have a case for ACAS

hi thanks for your comments .. The Company is not being taken over it has simply closed one of its two stores in the same town.
In my opinion the Company clearly preferential treatment to my manager since I was not provided with any opportunity to put myself forward for the vacancy. I believe that the Company should have given me the same opportunity to apply for the job of as was given to the Manager of my store. Surely this is unfair disparite treatment between my manager and myself as I was not provided with any opportunity to put myself forward for the role.