Redundancy Problem Legal Query.

confusednorfolk

Hello all

My partner on January 10th had a serious car accident (non fault) and has been signed off from the doctors from work ever since, in the mean time she got a letter from her employer saying they are going to have to restructure the jobs at her place of work ( she is a mothers help for a lady with an illness )

She reapplied for her job and about two weeks later got a letter saying she was not successful so is going to be made redundant, the reason she had to reapply was that two people were employed and there was not enough work for two apparently.

Well she has just seen her exact job with the same lady same hours etc advertised locally !!!!!!!!!!!!!!

Surely it is against the law to make somebody redundant with fictitious claims then re advertise the same job ??

She had been there just under 3 years.

Can somebody please advise on if this is legal or not and if not what course of action we can take, i strongly suspect that as my partner was and still is on the sick ( for which she receives no sick pay i might add ) has been "got rid of"

Im very cross about it all but before i blew a gasket i thought it would prevalent to check on here.

Her "job" was closing date for applications 17th April and she was officially made redundant on 27th April.

Many thanks

anamenottaken

Employers should try to avoid redundancy and find alternative work where they can. If you have documentary evidence of the job being advertised before her employment was terminated, then she would appear to have a case that the redundancy was a sham.

Why did she not qualify for SSP?

confusednorfolk

Many thanks for your input, she did not get SSP without trying she rang the relevant benefit office and was on the phone for ages, she gets working tax credit and child benefit and they said she did not qualify.

So who would she have to see about taking this further CA ??

Again thanks

Kayalana99

Maybe get a free half hour chat with a solictor see if she has a case?

dawnybabes

Redundancy aside - SSP should be paid by the employer not the benefit agency ? How much was she earning before ?

confusednorfolk

dawnybabes wrote: »

Redundancy aside - SSP should be paid by the employer not the benefit agency ? How much was she earning before ?

She use to earn £288.00 per 4 weekly.

Thanks for your help.

confusednorfolk

Kayalana99 wrote: »

Maybe get a free half hour chat with a solictor see if she has a case?

Good idea many thanks.

McKneff

confusednorfolk wrote: »

She use to earn £288.00 per 4 weekly.

Thanks for your help.

Not enough pay to pay NI so not entitled to SSP I'm afraid.