Using interviews as a selection criteria: Rules.

My employer has started down the road of consultation. We have all been told we are being made redundant. We’ve also been told that a number of roles will remain in the reorganised department and that everyone can apply for those new roles. I’m a project manager and we’ve been told that the PM role is certainly one of the roles that will remain in the reorganised department.

I have a question regarding this: Will people currently not carrying out my role (project manager) be allowed to apply for the new PM roles?

I’m asking because we have a good deal of senior managers working at my place and we’re all convinced that a lot of their roles will become redundant in the reorganisation (as part of the reason for reorganising is to streamline). My concern is that I will find myself out of a job whilst someone whose role really is redundant will be successful over me during the interview process and slip into my old job.

Do I have rights protecting me against this?

Legislation around redundancy just isn't that specific or prescriptive. There aren't a list of rules for employers to follow as such. In the event of redundancies they must consult, they must provide certain pieces of information and they can't select anyone for unfair reasons, but it's not a case of specific rules for every situation.

Whether other people not currently doing the PM job will be allowed to apply for the PM roles will be up to your employer. Whether they would be being fair and reasonable to do that would depend on several things, including skills and experience of people involved, how similar the roles currently being done by those people are, and various other factors. If you or colleagues are made redundant and someone not doing that role currently ends up doing it, you could consider appealing it. I guess you are in consultation at the moment, in which case if you have concerns about the selection process and the pooling, now is the time to raise them with your employer.

If it's a case of everyone's role being effectively redundant, there being a new structure with new roles and all being required to apply, it's more likely to be fair than if you were literally made redundant from your specific job in favour of someone else.