Anyone with employment law knowledge?

Need some advice about my redundancy....

17 messages
24/06/2012 at 18:26

any help gratefully received. The story goes like this...

I was made redundant. I was aware that some of the my job would be absorbed by remaining colleagues and then today received an email from an old colleague with a message saying I should speak to a solicitor as part of the new job advertised had my old job title in the overview and listed part of what I used to do.

Can they do this? Is this legal? Should I challenge the redundancy based on this or will I be making myself look a fool?

24/06/2012 at 18:28

I have no idea - but if you can you should consult a solicitor. If you have house insurance or are a member of a trade union you may be able to get free advice

24/06/2012 at 18:32

Thanks maths - speaking to a solicitor in the morning. Think I went a bit pale when I found out. Might need curry to calm me down. Grrr.

24/06/2012 at 18:34

it is thepost that is made redundant rather the individual. I believe then that they cannot back fill that specific role for a period of time - think is 12 months. As that way it could be considered constructive dissmissal. So definitely if your old role is being advertised i don't think that is ok...

CAB also might be of use in offering you advice?

24/06/2012 at 18:38

Thank you klepto...both barrels tomorrow morning - CAB and solicitor too.

24/06/2012 at 18:38

I think some of the roles within the job can be advertised,but not the whole job that you did, but don't quote me on that and get proper advice.

24/06/2012 at 18:39

Mima, i just found this site.

Seems to have loads of info and scenarios on it, all explained in layman's terms, with resident experts views.

Might be something that can help you in there before you start paying out, or going to CAB

24/06/2012 at 18:53

Have a look at ACAS and also the direct gov site which has some useful background on redundancy. It is worth becoming familiar with the issues before seeing a solicitor as it should save in discussing the issues with the solicitor.

If you havent already done so jot down a timeline with all the relevent things that you are aware of as it will save time with the solicitor. Pay attention to timings and deadlines - you should be aware of when it is necessary to file appeals etc Dont leave it to the solicitor.

There is no simple answer to the question of whether what they have done is legal. It may be. It may not be. It will depend on the facts. And if it isnt legal  they will probably have done it so there is the appearance of legality.

Looking at whether you should challenge the redundancy is not foolish. And if it is? Who gives a f*.

If you happen to know anyone who is an experienced HR person it is worth talking to them. Lawyers tend to have a particular focus.

Edited: 24/06/2012 at 18:55
24/06/2012 at 19:02

I would recommend ACAS as well and they give you free advice whereas solicitors will charge you a fortune. 

24/06/2012 at 19:07

It is unfortunately the case that employment law is skewed in favour of the employer. Behaviour that is obnoxious and unfair or just plain dodgy is not necessarily unlawful, especially if your employer has a proper HR that can get round these things. This is why trade union membership is useful.

Whatever you do, don't delay. The deadline for employment tribunal cases is three months minus one day from the date of the so-called detriment.

If you do go to a solicitor, go to one that specializes in employment law, not just any high street solicitor. The firm that handles most of the work for unions in this country is Thompsons.

24/06/2012 at 21:59

It doesn't sound right, I thought the time lapse was 6 months though definitely get advice.

24/06/2012 at 22:21

It depends on the circumstances - why was it thought necessary to reduce the number of staff?

Has the amount of work to be done reduced?  If so, the tasks still need to be done, but by fewer people, so the work gets shared out among the remaining staff.

My question would be: if a reduction in numbers was necessary, why did they make one person redundant and then advertise a post?

Edited: 24/06/2012 at 22:22
25/06/2012 at 07:17

And employers must genuinely consult with employees, and do what they can to avoid, reduce and mitigate redundancy.

They rarely do, though. HR exists to help managers make it look as if they have when they haven't even tried.

Can you tell I'm not a fan of HR? It's a parasite that thrives as its host withers.

Edited: 25/06/2012 at 07:17
25/06/2012 at 07:36

At the very least, if an amalgamation of roles was produced, you should have been given the opportunity to apply for the role. 

get some proper advice, each situation is different.

25/06/2012 at 10:24
Muttley wrote (see)

And employers must genuinely consult with employees, and do what they can to avoid, reduce and mitigate redundancy.

They rarely do, though. HR exists to help managers make it look as if they have when they haven't even tried.

Can you tell I'm not a fan of HR? It's a parasite that thrives as its host withers.

That's the nicest thing you've ever said to me, Mutters!

It's a foolish employer to doesn't follow the rules on consultation, as you leave yourself wide open to employment tribunal claims.

25/06/2012 at 10:38

I've spoken to ACAS and as suspected although they have said that the duties were part of my role, its an amalgamation with another role - completely legal. tbh - I'm all out of fight with the old lot...I just want to move on, get another job and be done with it.

Think this is one fight I'll have to swallow my pride and leave well alone.

25/06/2012 at 11:22

I think I'd be inclined to feel that way too, Mima,  I wouldn't want to stay where I wasn't appreciated.

Take your skills and experience somewhere they will be valued! 

(But do see if you can get a bit more cash out of the buggers!)

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