Unable to apply for posts following restructure

An administrative re-structure creating a few higher banding posts has impacted several members of staff who have been placed at risk. I am not placed at risk and unable to apply for the higher banded posts until the staff members at risk have had an opportunity to apply. If these new posts are filled with staff who are at risk, I will not have had an opportunity to apply. We are all currently the same banding. Please can you advise if this is fair recruitment.

If your employer fails to make a reasonable search for suitable alternative employment for those at risk of redundancy, then their dismissals may be regarded as unfair. This will be why your employer has offered the roles to those at risk first.

Whether the vacancies you mention are suitable will depend on how similar the work is to their current job, the terms offered, their skills, pay, status and hours. It is not clear from your question whether the jobs offered to those at risk from redundancy are suitable, yet you do state that the affected employees are on the same banding as you and the new jobs are on a higher band – therefore the new positions may be regarded as suitable and they are entitled to be offered them as part of a fair redundancy process.

I would thus suggest you speak to your employer informally to clarify this point. If after this you still feel that you are being unfairly treated then I would recommend you take further legal advice regarding your specific situation.

Should you require any further clarification on the above issue then please contact Tracey Guest of Slater Heelis LLP on 0161 672 1425.

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