Made redunant but someone else employed to do my job

Onthedole_2

I was made redundant last month from the car industry due to the downturn in car sales but have just found out that the company I worked for has been having someone else in that retired from there years ago doing my job on a day to day basis now they are pushed to get the work out with a smaller workforce.

Is this legal and if it isn't, what steps do I take to complain about it?

savingholmes

Onthedole wrote: »

I was made redundant last month from the car industry due to the downturn in car sales but have just found out that the company I worked for has been having someone else in that retired from there years ago doing my job on a day to day basis now they are pushed to get the work out with a smaller workforce.

Is this legal and if it isn't, what steps do I take to complain about it?

This certainly sounds illegal - I recommend that your ring ACAS on 08457 47 47 47 for further advice.

You could write in a grievance letter to your company stating that you have heard that your role had been replaced and that you want your job back... you could then submit a claim to the Employment Tribunal if they don't take you seriously... There are time limits for doing this in...

This only applies if you didn't sign a compromise agreement when you left... if you did all legal avenues are pretty much shut....

HTH

Onthedole_2

I did sign a compromise agreement when I left but I was told I was still allowed to appeal the original decision if i wanted but not take it any higher through the courts etc.

I'll ring ACAS tomorrow and see what they say.

savingholmes

Onthedole wrote: »

I did sign a compromise agreement when I left but I was told I was still allowed to appeal the original decision if i wanted but not take it any higher through the courts etc.

I'll ring ACAS tomorrow and see what they say.

If your solicitor was at all negligent in advising you to sign the compromise agreement you could potentially have a claim against them....

Normally a compromise agreement precludes all legal claims arising from the circumstances of termination... Normally your right of appeal only holds true up to the point at which you accept a "compromise" ie sign away some of your legal rights in exchange for cash....

By all means ring ACAS and see what they say - they will probably want to know the exact wording or the part a and part b bit of your compromise agreement.... so it might be worth having it to hand...

Onthedole_2

They haven't even sent it me yet, the 'independent' solicitor that was there said he would forward it through but so far I haven't received it.

Thanks anyway, I was a member of the Unite union so I will give them a ring tomorrow and see what they say.

savingholmes

Onthedole wrote: »

They haven't even sent it me yet, the 'independent' solicitor that was there said he would forward it through but so far I haven't received it.

Thanks anyway, I was a member of the Unite union so I will give them a ring tomorrow and see what they say.

did you not get offered a choice of solicitor ? - as this would also create a legal problem for them if they didn't tell you you could choose to see whoever you liked....

Onthedole_2

savingholmes wrote: »

did you not get offered a choice of solicitor ? - as this would also create a legal problem for them if they didn't tell you you could choose to see whoever you liked....

No, it was a case of you're losing your job, an 'independent' solicitor is waiting to speak to you in the other room about a contract to sign so that you can claim your redundancy, they said you don't have to sign it but if you don't then you won't get the extra money the company was offering as part of the redundancy agreement (an extra £300 per year for every year served)

savingholmes

Onthedole wrote: »

No, it was a case of you're losing your job, an 'independent' solicitor is waiting to speak to you in the other room about a contract to sign so that you can claim your redundancy, they said you don't have to sign it but if you don't then you won't get the extra money the company was offering as part of the redundancy agreement (an extra £300 per year for every year served)

well that is well out of order... legally you are entitled to an independent solicitor and they should have told you that - failing that the solicitor should have told you that... you may have a claim against the solicitor - certainly worth investigating with ACAS and Unite...

Pete111

They have stitched you up here.

Any compromise agreement needs to fully understood and signed by you + an independant solicitor. A CA is a device by which you reliquish various potential claims/rights against a company - usually in return for an enhanced package - so it is not right that you are coerced into signing one without due diligence being allowed.

If they have not followed process in relation to this (ie you and your own solicitor have not seen/understood/signed it) it may be deemed to have no value.

Someone coming in to do your exact same job shortly after you leave via redundancy is also highly likely to be a breach of the redundancy process.

Unite/Acas will be very interested in this one I think!

phlogeston

Pete111 wrote: »

They have stitched you up here.
Unite/Acas will be very interested in this one I think!

Too right!

Unite would have provided independant advice through their own solicitors. The one sitting in the next room could not in any way be considered independant. You might wish to consider a complaint against the solicitor to the relevant governing body (The Law Society). http://www.legalcomplaints.org.uk/home.page

bumpers

I too was made redundant and went through the at risk period, then consultation and saw an independent solicitor the company gave me a list of three to chose from and paid the £500 fee. I also received a fee not to say anything damaging or derogatory against the company in future. This fee I was paid was £100. I was put straight on garden leave after the consultation which was for two months before being made redundant but was allowed back to collect belongings. However a Temp was employed within a few days to do my job and to cover another person's job who had also been made redundant. We were both part timers. I now am temping and although was devastated and took the whole redundancy thing totally personally. The temp is still there doing our job. But everyone else in the department that is still holding on, are all megastressed out, living on their nerves and constantly trying to prove themselves indispensible. :rolleyes: best out of there me thinks.