Company/Employee Law

Bendihorse

Is there any law in place where by a company can promote a son/daughter internally into the positon of another employee, by making the current employee redundant?

Based on the fact that the son/daughter is now old enough/capable of carrying out the job (at the management level) that the employee was previously doing?

I guess im wondering if in law, your own family take precidence over external employees in certain scenarios.

Milk & Honey

Bendihorse wrote: »

Is there any law in place where by a company can promote a son/daughter internally into the positon of another employee, by making the current employee redundant?

Based on the fact that the son/daughter is now old enough/capable of carrying out the job (at the management level) that the employee was previously doing?

I guess im wondering if in law, your own family take precidence over external employees in certain scenarios.

The redundant employee would have a good claim for unfair dismissal. The work they were doing is still being done and the selection for redundancy was not impersonal.

ResearchWill

Milk & Honey wrote: »

The redundant employee would have a good claim for unfair dismissal. The work they were doing is still being done and the selection for redundancy was not impersonal.

I'm not so sure this question is so clear cut without more info. While the op says company is it a partnership, if so has the son/daughter been made a partner. If a limited liability company is the son/daughter a shareholder and director, or have they been sold or gifted all the shares. It would be necessary to have way more info to know. If this situation was real then good legal advice would be needed.

Also here http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/overview_redundancy.html

"Redundancy can occur where one of the following things happen:

Your employer ceases to carry on business or ceases to carry on business in the place where you have been employed. (For example, if the firm moves location, this can be a substantial change in your working conditions and may therefore be a reason for redundancy. However if there is a change of ownership under the transfer of undertaking legislation where employees are re-employed with no change to their working conditions then it is not a redundancy situation.)
Your employer's requirements for employees in your category has ceased or diminished
Your employer has decided to carry on the business with fewer or no staff. In deciding whether your employer is continuing the business with fewer or no staff, close members of your employer's family are not taken into account"

Predalien

Generally redundancy means the job (in its present form) no longer exists, so the employer would have to be ceasing operations or continuing with a reduced workforce, I think however close family members are not counted when assessing whether or not there is a reduced workforce so I don't think the situation you described is an impossible one. Also the requirements of the job can be expanded so you it can arise that you are no longer qualified to fulfil all the requirements of a job.

I'd still argue that if it did happen and the family member was being given the same remuneration for doing the same work, then compulsory redundancy should not have been allowed and a case for unfair dismissal could be made.

Bendihorse

@ ResearchWill, thanks for reply...

Say it was a small business and a limited company.

And the son/daughter had been made a co director in the past and was currently working at an entry level positon in the business, although capable and old enough to progress into the management position?

Milk & Honey

Bendihorse wrote: »

@ ResearchWill, thanks for reply...

Say it was a small business and a limited company.

And the son/daughter had been made a co director in the past and was currently working at an entry level positon in the business, although capable and old enough to progress into the management position?

If it is a limited company, the employer as an artificial person cannot have a family.

jasonpat

I do not think so that there is any kind of this law where you can place your daughters and sons into the place of a employee, if someone do this then its violation of law.

ResearchWill

jasonpat wrote: »

I do not think so that there is any kind of this law where you can place your daughters and sons into the place of a employee, if someone do this then its violation of law.

Then the Citizens Information service as quoted above must be incorrect. Can you provide a link to back up your statement.