Would I have a case?

jimimi

Hello

I need your expert advice on my situation. I have been working for a company for 9 years, four of these have been in my current job. A while back we were told that we were going to have a review of our department and this may lead to redundancies. They carried out the review and we were all put at risk. We had to apply for jobs, there were three posts and two people applying, myself and a colleague. Neither me or my colleague were trained in doing the first job, so there left 2 jobs that we could possibly apply for. We both applied for them and had interviews and a test. My boss told me I had got one of the answers on the test wrong, but I disagreed, and he said, "Oh, I'll let it go." The week after, I get a phone call from my boss at home as I was on leave telling me that I was unsuccessful in either post. Bearing in mind that I had been doing the job for 4 years and never had a complaint against my work. I am also more qualified than my colleague, who got her job. Later that week I was told that someone else who was going to be made redundant within the organisation was going to come in and do a trial of my old job.

I had my redundancy letter yesterday, so it's definitely happening. My question is, can they make me redundant based on this? They have given me the chance to appeal, and I will do this. I think they want me out as I currently work full-time and have asked my boss if he would consider me going part-time but he said no. I have a child under 6, so I thought they'd have to consider this?

Thanks in advance, and hope this makes sense as I am quite annoyed at the mo.

jimimi

Thought I'd update on this. Don't know if its too late to take any action against my previous employer, but they did in fact make me redundant. I spoke to the union man before I left and he thought I'd potentially have a claim. They are readvertising my job and have already got a job share person doing half of it! So how can they say my job was no longer there?

Googlewhacker

When did you leave?

An employer has a duty to consider flexible working hours but they can refuse for pretty much any reason as long as it is a business one which are very easy to create

bris

They can't make you redundant if the job is still there. This could be seen as unfair dismissal. Below is the time liit for making a claim, in your case the time limit might be extended if you can prove the job was never redundant. I may be wrong but if they were to bring back the job, don't they have a duty to offer it to the redundat person?
There is a number there, give it a call.
Time limits for making a claim



In most cases, you must make an application within three months of either the date that:

• your employment ended
• the matter you are complaining about happened

An Employment Tribunal will not normally accept claims received after the relevant time limit. In very exceptional circumstances Employment Tribunals can extend this time limit. You can check this by calling the Employment Tribunals public enquiry line on 08457 959 775. You should act quickly to find out more if you think your claim may already be out of time or the end of the three month period is close.