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Can an employee with multiple jobs who has taken severance from one post, be prevented from applying for internal vacancies?
Practical Law Resource ID 5-517-3451 (Approx. 3 pages)
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Can an employee with multiple jobs who has taken severance from one post, be prevented from applying for internal vacancies?
Anonymous (Public sector)
Q:
My Client is a local authority. Due to budget cuts the Council has had in force a voluntary severance policy. Employees can apply to take severance which is subject to departmental and chief officer approval. The severance payment equates to a redundancy payment.
The Council currently has in force a policy that all vacancies must be advertised to internal candidates.
The issue that has arisen is whether an employee with multiple jobs who has taken severance from one post, but remains in post in another could be prevented from applying for internal vacancies which arise after severance.
We take the view that to do this would be potentially unfair and discriminatory and would be contrary to a fair recruitment process. Is there any case law or guidance on this point. Any comments would be appreciated.
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