is it legal to interview redundant people first for new positions?

[Johnboy007]

Re: is it legal to interview redundant people first for new positions?

Based on the above – the “at risk” person has been offered & accepted the manager role as he has been deemed to have the required skillset. To diffuse the situation of me having to report into a less competent person – I have been conveniently “transferred” to another team. I accepted this as I felt I had no choice & was not going to accept reporting into a less competent person. Management had anticipated the current situation & had unofficially approached me to move teams several weeks ago.

However what is now (predictably) happening is that he cannot perform the core duties of the job & I am being asked to “double hat” and basically carry out these duties myself in addition to my new role.

Whilst I accept that they were legally able to give him the role based on his “at risk” status & (in their eyes) having the required experience/skillset- I am (obviously) unhappy with essentially being asked to carry out the core duties of his role. Any perceived failure on my part to help out (which basically means do his job) is starting to be construed as unhelpful and as not being a team player whilst we transition to a new structure. Where do I now stand legally?

What you must realise is that the company were not legally ABLE to give him the role, they were legally OBLIGED to give it to him, if he was judged to have the required skills.
I believe, from your post, that your company have tried to diffuse the situation, by transferring you to another team.
That the, 'at risk' person, is now finding it difficult to cope, is really to your advantage.
You should bide your time and try to negotiate a deal with management, that would ensure that you are considered for the role, if things don't work out with the 'at risk' person.
Making things difficult now, could effect any chance you may have of getting the job in future.

[wonga78]

Re: is it legal to interview redundant people first for new positions?

As you say: they were only obliged to give him the role IF they thought he had the relevant skills/experience. What is beginning to show now is that he doesn't. The more I "help" the more I help cover up this fact to my own detriment - so why would I want to do this? I am really not trying to be difficult but just view this as an unfair situation I have not created. Surely he must be left to stand or fall, without me being obliged to prop him up?

[Johnboy007]

Re: is it legal to interview redundant people first for new positions?

As you say: they were only obliged to give him the role IF they thought he had the relevant skills/experience. What is beginning to show now is that he doesn't. The more I "help" the more I help cover up this fact to my own detriment - so why would I want to do this? I am really not trying to be difficult but just view this as an unfair situation I have not created. Surely he must be left to stand or fall, without me being obliged to prop him up?

Yes I agree, you should not bail him out every time he makes a mistake.
But don't make it too obvious........:tinysmile_twink_t2: