Threat of Redundancy

[ukleia]

Need some help here please. There is some evidence that I may be on a list of people chosen for redundancy. On the same list is a temp who has been covering my work while I've been off having cancer treatment. Treatment has now finished and prognosis is good - I've been back at work fulltime since September.

What are the legalities if one of us is retained rather than made redundant? Can they keep the temp on instead of me? I've been there now as a FTE for 3 years.

[Sangie595]

Re: Threat of Redundancy

There is nothing to prevent an employer retaining someone who is a temp or who has shorter service. So yes, they could make you redundant and keep the temp. But if you are both on a list of people chosen to be made redundant, then aren't you both going?

It is jobs that are made redundant, not people. That isn't a fine distinction - it's the law. So the real question here is about the jobs that are going, what is happening about selection, and the process being used. A "list of people" doesn't explain any of that. I presume that you aren't supposed to know about this list - but what about the rest? Have you been told there will be redundancies and the process to be used?

[ukleia]

Re: Threat of Redundancy

I haven't been told anything officially yet, I found out via an email to my boss. Yes we are both on the list, but he wants to keep one of us. We have the same job title, except the temp has 'Temporary..' in front of it.

[Sangie595]

Re: Threat of Redundancy

I am afraid that there is nothing that says that someone who is "temporary" (which means nothing in law) should not be kept on instead of someone with longer service. Until such time as you have some information about the process being used there is very little to advise on. Commonly the selection process does take account of length of service (although it does not have to). But equally, it commonly pays attention to sickness absence as well, and even if there are adjustments for disability, that may not cover it all. But those are just some of the things that might feature in the selection. Until you know more it is impossible to really give any concrete advice.

[ukleia]

Re: Threat of Redundancy

One of us is to go apparently. I have an unblemished record, apart from the time I had off due to the cancer treatment. I gather HR are strongly against me going, citing that I could have a claim for discrimination!

[Sangie595]

Re: Threat of Redundancy

One of us is to go apparently. I have an unblemished record, apart from the time I had off due to the cancer treatment. I gather HR are strongly against me going, citing that I could have a claim for discrimination!

And this is all rumours and gossip. One of you has to go; possibly - there are other options!. You have an unblemished record - so do they? Redundancy in circumstances where there are too many people to do the roles available is about the selection method used. You don't know what that selection method will be. And it is HR's job to make sure that it is not unlawfully discriminatory. But saying that making you redundant would be unfair because you could have a claim for discrimination is wrong and also suggests they are not doing their job. I would be more worried about the fact that HR don't appear to know how to do their job!

You would have a claim for discrimination if the reason for your selection was your cancer. But if it is for other reasons - for example, the other person performs better than you do - then it is irrelevant whether you have had time off for cancer treatment. The key is that the selection process must be fair in law.

And I should point out that however you have access to this information - you should not be reading emails to your boss. That is enough to get you into enough trouble to be the one selected! Even if you legitimately have access to their emails, there is still an expectation of privacy. Otherwise no manager could ever trust their PA.

I know it is difficult, but you must forget about this, sit back and wait to be told (or not told) officially. There may be no reason to make anyone redundant - they may redeploy or find another strategy. But if it comes to your being part of a redundancy process then you must be informed, and you must be told how the decision will be made. At that time we can look at that information to see that it is being conducted properly and fairly. But until then, you need to hang fire, and you need to make sure that nobody knows you have this information already.

[ukleia]

Re: Threat of Redundancy

Ok thank you

[ukleia]

Re: Threat of Redundancy

Update - good news. They offered me the choice of keeping my job or taking a very chunky package. Think I'll prob stick with the job, but thanks for the help!