Redundancy & incorrect job contracts

[doggles]

Hey! So, I'm going to be.made redundant. Well my current role is being made redundant and head count of the team I lead reduced.

However, after looking through my HR records (electronic system - I work for large international company)

It appears when I changed jobs a couple of years ago, HR at the time screwed something up, so my.contract and my HR record still have me as my old role (which will.still exisit)

I wonder if there are any HR or legal people here that would give their opinions on whether legally, I'm still.contracted for my previous role and should not be made redundant.

Grasping at straws a little.

 

[HangTime]

Did your package change as a result of changing jobs? If so, I imagine it would be hard to argue this, as presumably there will be evidence of you performing your new role and also that you received additional remuneration for it.
That said, if your old role will still exist, arguably you should be considered for filling that role alongside other suitable candidates.

IANAL.

 

[doggles]

No, nothing changed. It was a sideways move. Same job level and grade. No increase in pay or benefits

 

[Mr^B]

What's the intent here? Contest the redundancy? Ask for more payout?

 

[Maundie]

when I was going through redundancy I was called by the Union and told they’d found a way of me being taken off the list, I told them not to persue it as I was happy to go, if you’ve been marked as at risk it’ll usually only be a matter of time before they actually do get rid of you, best move I ever made and now on nearly double I was on there

 

[doggles]

What's the intent here? Contest the redundancy? Ask for more payout?

Contest the redundancy if I can and just go back toy old job. Doubtful I know. There are likely positions in my old department that I can just go back to.

 

[swillsy]

Sorry this is happening! They will have emails etc of you performing your new role so unlikely you would be successful trying to get out of it on a technicality.

I would definitely ask them if you could go back to your old role or ask about any new roles that might be popping up.

 

[Nasher]

Complain and say they made you redundant by mistake. Show your contract

Take advantage of their screw up and don't volunteer too much information.

 

[dowie]

Contest the redundancy if I can and just go back toy old job. Doubtful I know. There are likely positions in my old department that I can just go back to.

Well if that's the case you don't necessarily even need to contest the redundancy, they're literally supposed to try and find other positions that you could do.

The key point people miss with redundancies (perhaps because sometimes employers abuse them) is that it's the role that's being made redundant not the person, if you're in good standing (performance reviews fine, not on a PIP etc...) then you ought to be fine for a different role and if indeed you previously performed a different role in that company and there are vacancies for that role/headcount then that should be something that they can actively resolve without even needing to go into shenanigans re some HR technicality in record keeping.

I'd literally just go and talk to HR and be up front; "hey I used to do X role, I'd like to stay within the company and there is a vacancy for X role..." and indeed maybe talk to your former manager(s), HR ought to be briefing you anyway about the process including the possibility that some people may be able to take other roles and this is the ideal thing for you to flag. Don't assume they will have joined the dots themselves, if this is a layoff of a whole bunch of people they're dealing with plenty already but if you literally spell it out for them - easy solution, I did X just slot me back into X and I'm happy; win/win situation... then that could be all you need.

 

[doggles]

Thanks for all your comments. The company has a good redundancy process and I would get a higher priority over not at risk people for any roles which are paged. I'll speak to hr and go from there!

 

[Columbo]

If there are existing roles in a dept and area you worked in previously then by default the company is supposed to look to fulfill thoe roles from any 'at-risk' positions. Its literally the type of situation the consultation process is for. Be sure to remind them of this obligation during the various meetings and updates you should be having during your statutory consultation period.

On the technicality, its probably unlikely that there will be much wiggle room there given that you likely accepted the role, received payment and were happy to peform the role in the position you currently do without a correct and accurate contract in place.

Fingers crossed for you, its a horrible experience having both been through it myself and also having had to take others through it.

 

[HangTime]

I guess the issue would be if the roles in the old department are already filled, so wouldn't actually be a vacancy unless someone leaves.

 

[Chrisc]

Contest the redundancy if I can and just go back toy old job. Doubtful I know. There are likely positions in my old department that I can just go back to.

If i remember correctly, the company is obliged to find alternative positions suitable for you before actually going through with the redundancy.

 

[doggles]

As an update on this. I had a job created for me back in my old business (same.company) doing the previous role I had,.no change of benefits etc. Which was nice of them.

Still quite irritated by the whole affair though... as I'm sure they could have just thought about this and done this in the first place and mapped me back.

 

[dowie]

Still quite irritated by the whole affair though... as I'm sure they could have just thought about this and done this in the first place and mapped me back.

They'd still need to go through the redundancy process for your existing role as it's the role being made redundant not the person, but do you mean they should have been proactive in finding this role for you vs you say prompting it?

It may be the case that your old department didn't know that you were otherwise due to be leaving as a result of these redundancies - like you say they've made the role for you.