Can A Decent Man Achieve Success In This...
Society & Culture19 mins ago
contract law
The company i work for are making redundancies in certain job aspects and reducing working hours in others.They have also advertised for a staff vacancy which i asked to apply for, but was told i could not apply.Is this legally right.
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It's all very well providing you a link, but the donor really could do with explaining the context.
The bit you need to study in that link concerns redeployment by the employer of redundant staff. The employer has to try to find alternative roles for redundant staff, which by saying you can't apply, your employer may not be doing. However it all depends - if the alternative role is really something you are not qualified or have the experience to do, the employer could turn you down, but it really needs to explain its reasons more fully to you.
Press the case with HR for an informal interview / or a discussion where they should explain why they are not willing to consider you.
The bit you need to study in that link concerns redeployment by the employer of redundant staff. The employer has to try to find alternative roles for redundant staff, which by saying you can't apply, your employer may not be doing. However it all depends - if the alternative role is really something you are not qualified or have the experience to do, the employer could turn you down, but it really needs to explain its reasons more fully to you.
Press the case with HR for an informal interview / or a discussion where they should explain why they are not willing to consider you.
It is not uncommon in these situations for employers to restrict the pool of applicants to those at risk of redundancy, in order to give those at risk an opportunity to be appointed to an alternative role in the business.
Aside from that, although most companies advertise vacancies internally there is no legal requirement to do so.
Aside from that, although most companies advertise vacancies internally there is no legal requirement to do so.
When we are making jobs redundant, the staff in those posts go into a pool and can apply for other vacancies before the jobs are advertised outside. However, the staff concerned have to be able to fit the criteria for the post - they may need certain qualifications or experience. If tomestone doesn't fit that criteria, they wouldn't be eligible to apply.
The procedure for redundancy is that amongst other things and depending on the number of people being made redundant that the employer should:
Give as much warning as possible.
Consult with those being made redundant.
If a trade union is involved consult with them, particularly regarding the selection procedure.
Ensure the selection procedure is fair and is followed.
Seek to offer alternative employment.
Pay, at least the statutory redundancy pay (which is not generous).
If your skills and experience are not suitable for the other position, they are quite able to not consider you for this position, but I am surprised they do not permit you to apply unless you are obviously unsuitable.
Give as much warning as possible.
Consult with those being made redundant.
If a trade union is involved consult with them, particularly regarding the selection procedure.
Ensure the selection procedure is fair and is followed.
Seek to offer alternative employment.
Pay, at least the statutory redundancy pay (which is not generous).
If your skills and experience are not suitable for the other position, they are quite able to not consider you for this position, but I am surprised they do not permit you to apply unless you are obviously unsuitable.
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