Being made to re-apply for a job, then not getting it?

Discussion in 'education & employment' started by jusali, Jul 24, 2018.

  1. jusali

    jusali Happy daze.....

    All of our secretary staff have been made to re-apply for their jobs.
    Many haven't got them and have left. What's the idea?

    Is it to skirt around giving redundancies?

    A number of them have give 10-20 years service.

    The rumour mill suggests my group will be next. How do I secure redundancy payment in this situation?

    Thanks in advance for info
  2. krtek a houby

    krtek a houby Share knowledge, don't weaponize it

    Obvious, I know but please talk to your union rep asap, whatever else you do.
  3. andysays

    andysays Defiantly non-premium member

    What justification, if any, was given for them being made to reapply for their jobs?

    And were they literally applying for the same jobs or has anything changed?
  4. jusali

    jusali Happy daze.....

    Roles have changed apparently........
    We have no Union representation here, we're supposedly shareholders of the company like John Lewis.......
  5. andysays

    andysays Defiantly non-premium member

    If roles are changing and people are being asked to reapply for new roles because their existing role won't exist after the change, then they should qualify for redundancy if their application isn't successful.

    I'm on my phone ATM, but have a look at the ACAS website...
    oryx and Bahnhof Strasse like this.
  6. jusali

    jusali Happy daze.....

    Thanks andysays!
  7. LeytonCatLady

    LeytonCatLady Well-Known Member

    It sounds like a stupid policy, I remember when I used to work for a London borough council (won't say which one), there was a guy in our office who had worked there through an agency for almost two years. He had repeatedly tried to apply for the same role he was doing now but every time he was interviewed, he was told he didn't have the experience. He finally pointed out he had been doing that exact same role for nearly two years and how much more experienced could he get? They wouldn't listen, so he resigned on the spot! It's just an excuse not to have to shell out money, and it's bullshit. I hope things work out for your secretarial team.
  8. belboid

    belboid TUC Off Your Knees

    Applying for your own job is a quite common way of deciding amongst people when it comes to redundancies. As andysays says, it is the role that is being abolished, so anyone in that role will be eligible for redundancy, as long as they attempted to 'mitigate effect' - ie apply for the posts that were being retained.
    Fez909 likes this.
  9. krtek a houby

    krtek a houby Share knowledge, don't weaponize it

    Aha. It's shit that there's no union representation but on the plus side, if the roles have changed - as to be completely new roles, I reckon that means you should be up for the redundancy pay if you don't get the job.
  10. Teaboy

    Teaboy It definitely looks brighter over there..

    A few years back I was employed by a company that had a set up which sounds a bit like yours. They liked to compare themselves to John Lewis and none of us were employees, we were all partners. It meant absolutely shit all when the company got brought out, we got no choice and fuck all in cash as well.
  11. jusali

    jusali Happy daze.....

    I hear ya. Our's is full of shit about how valued we all are etc etc yet they'll fuck you over if you don't fit........
  12. andysays

    andysays Defiantly non-premium member

    Redundancy is only for employees, so if your company doesn't view you as an employee, you will have trouble getting them to agree that you are entitled to standard employment protection, including redundancy payments.

    You might need to look at what the legal definition of an employee is and see how this fits with your situation, and also find out why, specifically, your company doesn't consider you as employees.

    And it might be that as your situation is not straight forward, you need to get advice from someone better qualified than anyone here is likely to be, either from ACAS or perhaps from whatever union represents workers in your industry.
  13. jusali

    jusali Happy daze.....

    Yeah all those concerned are employees, not contracted in....
  14. Duncan2

    Duncan2 Well-Known Member

    You don't need to be an expert to know that it isn't a good idea to leave without waiting to be dismissed.For one thing that is when they have to tell you why they are terminating you.For another if you leave they will argue that there has been no dismissal for the fair reason of redundancy or otherwise.But definitely one for those who are union members to raise with their branch office.Ten years or more of service could result in substantial payments could it not?
  15. Puddy_Tat

    Puddy_Tat hmm

    i agree that this would be a redundancy situation - although if you quit in disgust / get another job and leave too soon, then you would probably not get redundancy pay.

    employers can't just say "you did not get new job, sod off"

    possibly too late to say now, but you are free to join a union and have access to their advice (possibly as far as solicitor if it gets to the tribunal stage) even if there is no formal recognition in your place.

    but most unions will not act for you if you only join after problem has happened.
    equationgirl and andysays like this.
  16. Puddy_Tat

    Puddy_Tat hmm

    oops - double post

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