dodgy redundancy, should i claim?

Equinut

hi guys a penny for your thoughts.

i had a dual role in a company, and was unexpectedly advised that i was under consultation for redundancy in mid-sept. i was advised that my role was being made redundant, that half of my work would be absorbed by the existing team, and that they would be looking to recruit someone new in a 'broader, more senior' role to absorb the other elements of my role.

i decided i wanted out, and didn't counter-propose or anything, settling on a PILON where i finished work end sept. i did not sign a compromise agreement, nor was one offered.

i subsequently discover that the company has taken someone new on, who joined them 3 and a half weeks after i left. this new person has the same job title that i had, and a number of the same responsibilities.

i'd initially decided i wasn't going to go down the unfair dismissal route, but since i recently found out the new person has the same job title that i had, i'm re-thinking my stance here, particularly since they joined so soon after my departure. does anyone have any experience of this, or have any thoughts?

thanks!

WeakHeart

"This new person has the same job title that i had, and a number of the same responsibilities".

This means that their role is actually different from yours despite the same job title. Your old role does not exist and the responsibilities that you had have been split, so the redundancy appears genuine from what you have said.

Also you did not appeal the redundancy and are probably out of time to do this now which would not be looked upon favourably by a tribunal should you try to make a claim now.

Equinut

thanks for your thoughts. i did appeal it at the time - the company told me that the decision had been made based on my role but did not clarify the scoring criteria etc.

in terms of a number of the same responsibilities, it's most of the responsibilities that this new person, with the same job title, has. given the fact that it's the same job title, it is essentially the same job.

i left end of sept and the new person joined 3 weeks later. so far as i know it's after 3 months that you have potential problems raising a grievance.

i've had some good HR advice and overall it's felt i have cause to claim for being unfairly dismissed, i have been advised to contact the company through a solicitor with an ET1.

MrRedundant

It may be the same job title and more senior at the same time. As long as this person isnt doing the same job then its perfectly legit.