Gardening Leave and my role being advertised externally.

anparker2013

Hi,

In December 2012, I was approached to interview for a move internally which I did and was successful in joining a new team. During this time I remained under my previous cost centre and this was not change during my stay in the team.

On January 15th my position was put "at risk" for a 3 Month consultation period with the view to redundancy should I not gain further internal employment with the company and through further discussions with HR the following reason was provided "T[FONT=&quot]he role that was place at risk of redundancy was your new role and you were place at risk based on that. The firm compared you to peers in both the new and old roles. Your old role has not been back filled and that role no longer exists."[/FONT]
Having already felt aggrieved at being compared to peers in my new role having only been in the job for a few weeks (Christmas period with no management and very little training).

Since then I was recently provided by a recruitment agent with a job spec of the exact same role but as a contractor, he also confirmed the role is live and only became advertised as of Wednesday 20th Feb.

Can anyone advise what action should be taken by myself? is this something the company can legally do?

Regards

anparker2013

266 views, no reply:money:

Takeaway_Addict

My gut feeling is that this is legal as they are contracting it, not replacing you for another employee

However, I suggest you PM Lazydaisy or ask SarEL on redundancyforum.co.uk or talk to your union.

kiddy_guy

The job is not redundant, even if they are outsourcing it. Therefore a case for unfair dismissal would be quite relevant.

OP - you need to keep all details of this, because your company seems to be playing silly billy. Can you get the agency to confirm in writing that the job is with your company ?

Bear in mind, you've not lost your job yet...

Annisele

How long have you worked for the company? If you've been there less than a year, you can pretty much be dismissed for any reason at all (with some limited exceptions - see here).

Takeaway_Addict

kiddy_guy wrote: »

The job is not redundant, even if they are outsourcing it. Therefore a case for unfair dismissal would be quite relevant.

OP - you need to keep all details of this, because your company seems to be playing silly billy. Can you get the agency to confirm in writing that the job is with your company ?

Bear in mind, you've not lost your job yet...

I am pretty sure you can legally outsource a job and make the person redundant. Otherwise how did all the telesales jobs goto India?

bromleymum

This is becoming very common and I have a family member who had the exact same experience in the hairdressing industry.

I can tell you what she was told although I'm not an expert myself.

If the hours the freelancer works are less than the post made redundant this can be classed as a legitimate redundancy as there has been a reduction if work, if not headcount.

If the hours are the same you may have a case. However, this is usually notoriously hard to monitor as the beauty of contractors is that they're in and out as the business dictates.

However my family member was offered and rejected reduced hours prior to being made redundant. Has any offer been made to you?