Redundancy - unfairly dismissed?
exEmployee
Posts: 1 Newbie
Hello, I am a long time MSE-er, but did not want to use my actual forum profile for this topic.
I was employed in my role for 15 months and made redundant at the end of December. Because the length of service was less than 2 years, I know I was not due any redundancy.
I was given a formal exit date of early January (only 2 weeks 'meaningful consultation') unless another role became available. I asked if it was an option to split my role and take on other responsibilities. This was (supposedly) looked at, but I was told in the end that it was not a viable option.
I accepted the situation at face value and decided to move on. In the last few days, things have changed.
Last week, I found a similar role listed on a job search site. I was suspicious about the role and the company as it sounded too similar to the role I just left. I contacted the recruitment agency using a cover name and altered CV to find out about more.
I was sent the job spec and company details and my suspicion was confirmed. The role being recruited is 50% my old role and 50% new. I had been chasing HR and my line manager for 4 months asking to take on more but always told they would look at it. Now they had supposedly made my role redundant and then started recruiting immediately. The salary is similar and the grade/level is the same.
The job spec sent by the agency is dated August 2017, so the manager(s) were looking at this new role 3 months before I was made redundant - it was not mentioned or offered to me as a possible alternative.
I am feeling sick that my livelyhood was taken away and I am looking for a new job.
The recruitment agent is leaving messages for me, but I have not replied - what do I do if they want to interview me? I don't want to mess anything up and the next step is important as I don't want to give anything away to my ex-employer too early.
Does this count as unfair dismissal?
Can somebody please advise me what steps I need to take?
Thank you
I was employed in my role for 15 months and made redundant at the end of December. Because the length of service was less than 2 years, I know I was not due any redundancy.
I was given a formal exit date of early January (only 2 weeks 'meaningful consultation') unless another role became available. I asked if it was an option to split my role and take on other responsibilities. This was (supposedly) looked at, but I was told in the end that it was not a viable option.
I accepted the situation at face value and decided to move on. In the last few days, things have changed.
Last week, I found a similar role listed on a job search site. I was suspicious about the role and the company as it sounded too similar to the role I just left. I contacted the recruitment agency using a cover name and altered CV to find out about more.
I was sent the job spec and company details and my suspicion was confirmed. The role being recruited is 50% my old role and 50% new. I had been chasing HR and my line manager for 4 months asking to take on more but always told they would look at it. Now they had supposedly made my role redundant and then started recruiting immediately. The salary is similar and the grade/level is the same.
The job spec sent by the agency is dated August 2017, so the manager(s) were looking at this new role 3 months before I was made redundant - it was not mentioned or offered to me as a possible alternative.
I am feeling sick that my livelyhood was taken away and I am looking for a new job.
The recruitment agent is leaving messages for me, but I have not replied - what do I do if they want to interview me? I don't want to mess anything up and the next step is important as I don't want to give anything away to my ex-employer too early.
Does this count as unfair dismissal?
Can somebody please advise me what steps I need to take?
Thank you
0
Comments
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You cannot be unfairly dismissed. You don't have those rights.
Your next steps are to find another job.0 -
just to clarify you don't have those rights as you haven't been there 2 years.0
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Management may well have considered your idea of role splitting combined with new responsibilities, but may not have considered you suitable for this new role.
As others have said you have no employment rights because you had less than 2 yrs service. So do not dwell on this, there is nothing you can do, keep looking for a new job.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Hiya. Does that include my situation ? I started working for a new company on a 3 month probation period. Two months Into this without any issues. I had a accident while the boss was driving. He was unheart. But my leg took a bad hit. And I’ve not been walking for 3 months now. I had a letter from my company saying they are reconstructing the company so I don’t have a job with them any more. Only to see my exact job advertised on indeed. To add to insult they was in contact and never mentioned this. Even asking for medical records and wanting proof I was still unable to walk. I provided all I needed and then this happens. The job was advertised from the 05/02. Yet I got the letter on the 12/02. Any ideas of where I stand. Prob not got a leg to stand on. No pun intended. Thank you0
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It's incorrect that you have 'no employment rights', but without two years service you can't claim ordinary unfair dismissal, so it sounds like there's nothing you can do about your circumstances as there's nothing to suggest that the two year qualifying period wouldn't apply. It would need to be a case of discrimination, asserting a statutory right, trade union related duties etc. On the face of it it sounds like they just don't want you there, which unfortunately there's not a lot you can do about.
The best thing you can do is to move on to bigger and better things, if they don't have the guts to tell you the truth then it doesn't reflect well on them.
That said I'd be tempted to go to the interview to see the look on their faces
“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
Hiya. Does that include my situation ? I started working for a new company on a 3 month probation period. Two months Into this without any issues. I had a accident while the boss was driving. He was unheart. But my leg took a bad hit. And I!!!8217;ve not been walking for 3 months now. I had a letter from my company saying they are reconstructing the company so I don!!!8217;t have a job with them any more. Only to see my exact job advertised on indeed. To add to insult they was in contact and never mentioned this. Even asking for medical records and wanting proof I was still unable to walk. I provided all I needed and then this happens. The job was advertised from the 05/02. Yet I got the letter on the 12/02. Any ideas of where I stand. Prob not got a leg to stand on. No pun intended. Thank you
I thought it was funny.
Unfortunately as above. Unless the leg injury could count as you being disabled there's not a lot you can do.
Did they pay you notice?“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
Hiya. Does that include my situation ? I started working for a new company on a 3 month probation period. Two months Into this without any issues. I had a accident while the boss was driving. He was unheart. But my leg took a bad hit. And I’ve not been walking for 3 months now. I had a letter from my company saying they are reconstructing the company so I don’t have a job with them any more. Only to see my exact job advertised on indeed. To add to insult they was in contact and never mentioned this. Even asking for medical records and wanting proof I was still unable to walk. I provided all I needed and then this happens. The job was advertised from the 05/02. Yet I got the letter on the 12/02. Any ideas of where I stand. Prob not got a leg to stand on. No pun intended. Thank you
Unfortunately as you've not been there for two years then I don't think you have a case for unfair dismissal, however you may have reason to pursue the driver for damages for the accident - and possibly the company too if the travel was for business purposes. If it were me then I'd have a word with a local solicitor to see what they have to say.0
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