Unfair Redundancy - Part Time 30 October 2019 at 9:31PM edited 30 November -1 at 1:00AM in Redundancy & Redundancy Planning 12 replies 2.4K views

MCo28

I have been made redundant today from my part time role. I was employed on a job share 2 days a week Thursday and Friday (other person did Monday to Wednesday) and my employer decided that they wanted someone that could do 5 days a week (either full time or part time am and pm split).

Neither me nor my job share colleague could do the new hours due to childcare so we have both been made redundant.

I have found out that a few hours later they gave the job to another colleague on a full time basis but the same job.

Do I have grounds for unfair dismissal/redundancy? I think I have from doing research but unsure of what to put in the initial letter to my employer appealing it. If anyone can help that’d be great! Thanks

Comms69

How long have you worked there?

MCo28

3 and a half years.

getmore4less

What grounds?


Who got the job you didn't want is not relevant.

_shel

getmore4less wrote: »

What grounds?


Who got the job you didn't want is not relevant.

Of course it's relevant. The job wasn't redundant as it was given to someone else. Part time workers being discriminated against imo.

MCo28

I have been told by ACAS that because the role hasn’t been made redundant I may have grounds to appeal.

I don’t care who got the job I’m just saying what happened.

getmore4less

Who got the job is not relevant.

What is relevant is was the employer justified in deciding the single job was no longer viable as a job share(it is not two part time jobs) and needed a single employee.

The capita mcbride case a tribunal case that covers some of the issues.

https://www.gov.uk/employment-tribunal-decisions/mrs-j-mcbride-v-capita-customer-management-ltd-1811328-2018

MCo28

They either wanted 1 person full time or 2 people part time but different hours to those I did.

getmore4less

A summary I read on the mcbride case says they one because the employer insisted on full time.

Your case will be down to why they needed to change the share to am/pm from days.

You should have asked for that business justification during the consultation

MCo28

They said that it was down to handing over from one member of staff to the other. We didn’t see each other but had a diary and handover form.

getmore4less

What did you counter propose?

What problems did they identify with the current handovers that would be solved with the new hours.

Presumably these were 2 handovers overnights between the working days.

That would move to 10 handovers am->pm.then overnight handovers.

Did you point this out?