On the at risk list

[chez60]

Hi

 

I need some advice about my problem let me give a bit of a background to this. I have been put on the AT RISK list at work after 22 years 11 of these in the role I am doing now, we have to make cut backs so there quite a few of us in the same boat.

 

Two years ago we gave someone a informal interview for a 2 year temp contract job very much like my own which nows will end in the next couple of months. I had to give her some of my work when she first came and it happened last year again when I was Supended for a couple of months !

 

Now we are both at risk and there is only one job ! and we are both going for it . I have asked the question about temp contracted being at risk but the answer I receive is anyone on this sort of contract has the same rights as us.

 

I am really feeling sick having to go up against someone who is just out of university and younger and also if she gets the job I feel I can not stay there if this happens because now we are able to go for some of the other job which need filling from people taken early retirement but I can't stay with someone there other then me in my job.

 

I just feel this is a bit unfair that my work was given to provide her with a job at first and now she does not have to go after her two years is up which should of been happening because that is what contract are for are they not ??

 

 

Can anyone help on this please ?

[elche]

Hi Chez,

 

Sorry to hear about your problem.

 

The thing is your ER cannot just select someone for red because they are on a FT contract that would breach the FT workers Regs.

 

However, "The Government guidance on the Regulations ( Contracts of employment links ) suggests that where fixed-term employees have been brought in specifically to complete particular tasks or to cover for a peak in demand, the employer is likely to be justified in selecting them for redundancy, if this happens at the end of their contracts" http://www.ecaemploymentguide.co.uk/changeandreorganisation/redundancy/choosingtheselectioncriteria.htm

 

Thus your ER has a balancing act to perform.

 

Thus the question would be - what 'exactly' was the reason for their FT contracts in the first place and how does this relate to the rationale for the red?

 

Che

[elche]

oooo and I forgot to say in this case she would also have a potential sex discrim angle if she went w/o them pooling you also see

 

http://www.thompsons.law.co.uk/ltext/l0930007.htm

 

Most likely you will just have to fight it out I'm afraid.

 

Che