Made 'redundant' but colleague promoted to my job

Trotting_Off

First time on the board so please be gentle;)

As the title suggests, I have been made redundant, but reliably informed that a former colleague, my junior, has been promoted into my position!.

Background as follows, appointed into post March 2015, 3 month probationary period, passed that with both verbal and email confirmation by my Line Manager. Notified in July that company is relocating and my job is now surplus to requirements.

Additionally, Despite many requests to my manager, I was never given a job description or a contract, the excuse being they were busy with the relocation. I have email proof to that effect.

I am also disabled and the company refused to make a single slight modification to my working environment, despite me coming up with various simple suggestions. Again I have email proof.

I believe they 'got rid' because of my disability as I was unable to carry out my full duties. (Duties which I presumed were required!, given lack of job description!.)

Do you feel I may have a case?

Thank you for your patience and understanding

sangie595

Believing something and proving something are very different things. What is your proof?

Trotting_Off

So removing what my thoughts are or not for getting rid, my post was made redundant, proof of which I have. The question really is whether it's legal to appoint someone else into my post?

sangie595

Trotting_Off wrote: »

So removing what my thoughts are or not for getting rid, my post was made redundant, proof of which I have. The question really is whether it's legal to appoint someone else into my post?

You have no evidence - "reliable information" isn't proof that it has happened. The post may have changed, and you don't know that it hasn't. To prove discrimination, the first base means that you must evidence that discrimination may have occurred, and only after that does it fall to the employer to prove it didn't. So what would you produce to prove that your job still exists in exactly the same form as when you held it, and that the motivation for your redundancy was not the relocation but discrimination?

Undervalued

So, has your "junior" been replaced now that he is doing your job? Or is he now covering both roles? If that is the case then they could easily argue that your post was redundant. However, with only six months of employment "redundancy" is irrelevant as you could simply have been dismissed without even being given a reason at all.

As others have said, you would need proof that that you have been discriminated against BECAUSE of your disability and not for some other legitimate reason. You may well be right but proving it will not be easy.

Trotting_Off

Interesting points you raise there, made even more difficult for me due to not having any job description!.

Thank you for your reply

TELLIT01

If somebody else is now filling the role you used to occupy it's probable that their role isn't an exact match for your old one. That's certainly the easiest way to avoid a potential problem such as the one you are raising.
As you didn't have a job description it's an impossible task to prove anything.

daytona0

You had no contract, but you were still given a job despite (presumably!) declaring your disability at interview stage (unless you lied?). I find it hard to believe that this constitutes as discrimination!

getmore4less

did they relocate? could you move to the new location?

Trotting_Off

Of course I didn't lie about my disability!!! I said at interview stage that minor modifications may be required, and they agreed to it! These never happened, and consequently, I was deliberately put at a disadvantage and not able to carry out my full duties. I had an initial contract which I signed but, a clause was added that a new contract was to be given after I had passed my probationary period. I have an email from my manager that states I had completed and passed my probationary period and a new contract was being issued but delayed slightly by HR. A few weeks later, the workforce was told that we were moving and i was happy to relocate. A week later they delivered the bombshell that I wasn't going with them and faced redundancy as the post was surplus to requirements.

sangie595

I can understand that this feels terrible for you, but I think you will struggle to evidence that you were deliberately put at a disadvantage. The fact is that they passed your probation - if they were deliberately trying to put you at a disadvantage in order to fail it, why did they pass you? Equally, if they knew about the disability at interview, they didn't have to offer you the job, and then they could have simply gone with "you weren't the best candidate" as a reason for not taking you on.

Looking at this objectively, those factors are going to seriously undermine any argument that your disability was responsible for the dismissal, rather than genuine business reasons.

The lack of a written contract doesn't support your argument at all - it isn't necessary to issue new contracts (or even any contract - the only thing that is required is a written statement of the main terms within 8 weeks of starting work for an employer).

I know this may be difficult to accept, but based on what you have said, this looks more and more like your disability was not the deciding factor. It was too easy for them to have found better reasons for dismissal (or non-employment). That fact does suggest that disability wasn't a factor in the decision, and any other reason would not be actionable until two years continuous employment had been reached.