04 Jul 2019

A question about : Redundancy or Unfair dismissal? Quick Question

I, along with a high number of staff we have been told that we are looking at redundancies before the summer. We are currently awaiting a list of names which will equate to around 39% of the workforce.

However a while ago my trainee was asking about employment for next year after his course had finished. He made an appointment to see the boss and came to see me afterwards really pleased as he was promised a job. He said he would be taking the place of a member of staff who would be leaving the company. Laughing I said I would be made redundant and he would gain my job.

Less than a month later, I am eating my words. I have had news from my union that I will receive a letter before the end of the week. If the young man does take a contact after his training doing my job, is this lawful?

I am sure there is a number of questions as well as emotions that the next few months will bring, but I need to put this to bed before I harp on about it. Thank you for your help.

Best answers:

  • The law can't interpret "if's" - something needs to be a fact. The employer cannot simply replace a post that is made redundant - but that does not really mean very much in a vacuum, as there are ways of replacing who does tasks that comprise a work role.
  • What contractual terms is the trainee on.
    If they are already an employee and can be pooled with you for selection then it comes don't to that selection process.
  • It depends on how the redundancy pool works.
    Did you already know about the redundancies before he had his meeting with the boss? It may be that he will find his promised job is not longer secure if the news of the redunancies came later.
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