Body & Soul1 min ago
Question regarding redundancy.
Where does an employee stand when they have 2 jobs within a company, their 'regular' job and a relief job when a particular area is understaffed? The relief job area is under threat of redundancies (despite being understaffed!). The employee actually spends far more time doing the relief job than his regular job. Will he be at risk of redundancy? The 2 jobs have different pay rates, and he is paid according to which job he does. Will also post this under the Jobs section as not sure where to post it.
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I haven't the faintest idea but would have thought that if the other job isn't amongst those being made redundant then you are in some way safer than the others.!!
Are the redundancies on the amount of workers in the department or spacific jobs? ie: we have a to d jobs with 3 workers in each and we are overstaffed by 1 worker in each = 4 people redundancies OR job b is no longer going to be performed by us = 1 job 3 people made redundant?
There is a difference in the regulations but again I don't know what it is.
Are the redundancies on the amount of workers in the department or spacific jobs? ie: we have a to d jobs with 3 workers in each and we are overstaffed by 1 worker in each = 4 people redundancies OR job b is no longer going to be performed by us = 1 job 3 people made redundant?
There is a difference in the regulations but again I don't know what it is.
Then it depends on what the contract says and the arrangments for the relief job. Was the second job just being done as overtime? Does the contract guarantee X hours a week in total. Was it regular work and over what period? If his 'relief job' does go he may get some compensation for loss of future earnings but it depends on the contractual terms and on the arrangements for the relief work .
In answer to your questions, the 2nd job is not just being done as overtime, the contract does not guarantee a certain number of hours, it is regular work and has been done for approx 2 years. The relief job is to cover when people are on holiday or off sick, but he has been doing the relief job for 2 years now and probably only spends 10% of his time on his 'proper' job. It is a certain number of jobs that are being made redundant, but relief cover will still be required. He has not been told he is at risk of redundancy but hasn't been told he is safe either.
I think he is in a relatively strong position compared to others, because the way his employment contract has been handled is bizarre.
If some jobs are declared redundant (cut-backs not the complete closure of the place), the employer has to select employees from a pool of potentially redundant employees. The selection of the pool has to be shown to be fair. If the employer declares those of doing his original job to be part of the pool, then picks him for redundancy, he could turn around and say 'but 90% of the time I do this other job - and are you not making that redundant - I'll have you for unfair dismissal (or words to that effect!)If it's the other way around, he could say 'you employed me to do this - I helped you out - I'll go back to the original job thanks, or I'm having you for unfair dismissal'.
If some jobs are declared redundant (cut-backs not the complete closure of the place), the employer has to select employees from a pool of potentially redundant employees. The selection of the pool has to be shown to be fair. If the employer declares those of doing his original job to be part of the pool, then picks him for redundancy, he could turn around and say 'but 90% of the time I do this other job - and are you not making that redundant - I'll have you for unfair dismissal (or words to that effect!)If it's the other way around, he could say 'you employed me to do this - I helped you out - I'll go back to the original job thanks, or I'm having you for unfair dismissal'.
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