Made 'redundant' but colleague promoted to my job

AndyBSG

You've not been there 2 years so there's nothing you can do regarding their decison to let you go and get someone else to do your job.

The only legal grounds you may have is to prove discrimination which I think you'll have a hard time of.

asajj

Just wondering as I don't know, what happens if the employer didn't make the modification required for the disabled employees?

sangie595

asajj wrote: »

Just wondering as I don't know, what happens if the employer didn't make the modification required for the disabled employees?

Unless the employee could actually demonstrate that the failure to make a reasonable adjustment was the cause of their dismissal - nothing at all. But there would have to be some adverse outcome to not making the adjustment for it to be actionable. In this case the employee states that the adjustment was not made but they passed their probation. The employer was hardly likely to then dream up a relocation a few weeks later as the cause to get rid of them, when it was much easier to not appoint them or fail them on probation.

Trotting_Off

Many thanks for all your constructive replies.

So by removing my personal opinion on why they decided to act in the manner in which they did to tell me that my post was surplus to requirements, does the fact remain they can do whatever they want in the first 2 years of employment?

Trotting_Off

AndyBSG wrote: »

You've not been there 2 years so there's nothing you can do regarding their decison to let you go and get someone else to do your job.

The only legal grounds you may have is to prove discrimination which I think you'll have a hard time of.

Even if I've done nothing wrong?

kazwookie

Up to 2 years, they can fired you / pay you off when ever they want.

esuhl

I'm surprised at the above comments -- I'm sure you can't make someone's position redundant and then instantly decide its not redundant and give the job to someone else.

I'd definitely speak to an employment lawyer. You might even be able to get a free initial consultation.

Trotting_Off

kazwookie wrote: »

Up to 2 years, they can fired you / pay you off when ever they want.

I never knew that! Suppose the decent companies are truthful and would rather work with you than against you, right? I have a naughy swear word I could insert here, but will refrain from using it, to avoid being banned from this site!.

sangie595

esuhl wrote: »

I'm surprised at the above comments -- I'm sure you can't make someone's position redundant and then instantly decide its not redundant and give the job to someone else.

I'd definitely speak to an employment lawyer. You might even be able to get a free initial consultation.

You may be surprised - but yes, actually up to two years an employer can dismiss for all but a few reasons, all of which it would be up to the employee to prove. So you are wrong in being sure an employer can't do it. They can.

Besides which, you have no more proof that the exact job the OP had was given to someone else - even the OP can't prove that.

Hermia

esuhl wrote: »

I'm surprised at the above comments -- I'm sure you can't make someone's position redundant and then instantly decide its not redundant and give the job to someone else.

It would be hard to prove that though. We had a lot of redundancies where I work last year. The remaining staff then had to take over those roles. We have the same job title and are doing many of the same roles, but it is not 100% the same job. There may not have been a connection between getting rid of the OP and then the colleague moving into a similar role and it would be very hard to prove, especially with the lack of a job description. The other problem is that if this is a close-knit industry the OP taking action will be a black mark against them and added to their disability is not going to help their employment prospects. That obviously isn't fair, but we are in an employer's market.