Redundancy and Redeployment question

[scoobysn7x]

As ttile I have recently gone through the redundancy process and after 4 of us scored the same mark on the criteria it was decided that the one with the least length of service would go,so I have been selected. Currently there is a 12 month contract to work for helpdesk, the person currently doing the job originally had his contract extended by 12 months, but this offer was pulled when we started the redundancy process.I was asking about the possibility of applying for the position and I was told I could apply but that the person currently doing the job would ba able to apply at the same time. I thought it would be a bit pointless applying as I would need a little extra training and there would be no way I would get the job over the person that had been doing it for the last 12 months.However I was chatting to a freind that works in HR (at another company)and he advised that really the company should look to redeploy me before giving someone a new contract and that really the person currently doing the role should not be allowed to appy at the same time. I said this to our HR Dept and they responded with as the person has currently been doing the role for 12 months our company classed him as a permenant member of staff and as such he is allowed to apply for the position at the same time as me...Can I just get some opinions on who is correct?? I've tried searching but can't find a definative answer

[Kaiserfarrow]

I could be wrong, but when faced with similar situations before, my understanding has been that anyone can apply, but anyone under threat of redundancy takes priority for the role, provided they meet the minimum criteria.

[Sidewinder]

Tricky situation. The aim of redundancy consultation should be to explore any suitable alternative to dismissal, however you can't always just shoehorn a person at risk into a position that somebody else is already doing.

 

I am a little confused as to what the status is of the person already doing the 'alternative' job - I read it first that the position on the helpdesk is occupied by somebody on a 12 month fixed term contract, but you later suggest that this person is now 'permanent'. If so, then removing him in order to accommodate you would quite possibly create a situation of unfair dismissal. If however the position is effectively vacant, then there is no automatic right to be given the job, but you should have an equal opportunity to apply for it alongside any other at risk employee. Your application to be considered fairly alongside any other applicants, with the most suitable candidate being successful.

 

The unknown factor is the precise employment status of the person who has been working the helpdesk. Is he currently employed or on an extension to a fixed term contract?