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  • FIRST POST
    • MCo28
    • By MCo28 30th Oct 19, 8:31 PM
    • 7Posts
    • 2Thanks
    MCo28
    Unfair Redundancy - Part Time
    • #1
    • 30th Oct 19, 8:31 PM
    Unfair Redundancy - Part Time 30th Oct 19 at 8:31 PM
    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 thatíd be great! Thanks
Page 1
    • Comms69
    • By Comms69 30th Oct 19, 9:04 PM
    • 10,349 Posts
    • 12,512 Thanks
    Comms69
    • #2
    • 30th Oct 19, 9:04 PM
    • #2
    • 30th Oct 19, 9:04 PM
    How long have you worked there?
    • MCo28
    • By MCo28 30th Oct 19, 9:28 PM
    • 7 Posts
    • 2 Thanks
    MCo28
    • #3
    • 30th Oct 19, 9:28 PM
    • #3
    • 30th Oct 19, 9:28 PM
    3 and a half years.
    • getmore4less
    • By getmore4less 31st Oct 19, 7:15 AM
    • 37,926 Posts
    • 23,492 Thanks
    getmore4less
    • #4
    • 31st Oct 19, 7:15 AM
    • #4
    • 31st Oct 19, 7:15 AM
    What grounds?


    Who got the job you didn't want is not relevant.
    • _shel
    • By _shel 31st Oct 19, 8:02 AM
    • 2,467 Posts
    • 4,528 Thanks
    _shel
    • #5
    • 31st Oct 19, 8:02 AM
    • #5
    • 31st Oct 19, 8:02 AM
    What grounds?


    Who got the job you didn't want is not relevant.
    Originally posted by getmore4less
    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
    • By MCo28 31st Oct 19, 8:35 AM
    • 7 Posts
    • 2 Thanks
    MCo28
    • #6
    • 31st Oct 19, 8:35 AM
    • #6
    • 31st Oct 19, 8:35 AM
    I have been told by ACAS that because the role hasnít been made redundant I may have grounds to appeal.

    I donít care who got the job Iím just saying what happened.
    • getmore4less
    • By getmore4less 31st Oct 19, 9:09 AM
    • 37,926 Posts
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    getmore4less
    • #7
    • 31st Oct 19, 9:09 AM
    • #7
    • 31st Oct 19, 9:09 AM
    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
    • By MCo28 31st Oct 19, 9:36 AM
    • 7 Posts
    • 2 Thanks
    MCo28
    • #8
    • 31st Oct 19, 9:36 AM
    • #8
    • 31st Oct 19, 9:36 AM
    They either wanted 1 person full time or 2 people part time but different hours to those I did.
    • getmore4less
    • By getmore4less 31st Oct 19, 9:45 AM
    • 37,926 Posts
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    getmore4less
    • #9
    • 31st Oct 19, 9:45 AM
    • #9
    • 31st Oct 19, 9:45 AM
    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
    • By MCo28 31st Oct 19, 9:51 AM
    • 7 Posts
    • 2 Thanks
    MCo28
    They said that it was down to handing over from one member of staff to the other. We didnít see each other but had a diary and handover form.
    • getmore4less
    • By getmore4less 31st Oct 19, 10:03 AM
    • 37,926 Posts
    • 23,492 Thanks
    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?
    • MCo28
    • By MCo28 31st Oct 19, 10:07 AM
    • 7 Posts
    • 2 Thanks
    MCo28
    My colleague suggested telephone handovers (they didnít want this and wanted face to face) and we both said that we havenít actually had any problems with the current system.

    They said having half an hour handover would be smoother.

    I did say that weíd still have the overnight issue of handovers.
    • getmore4less
    • By getmore4less 31st Oct 19, 4:26 PM
    • 37,926 Posts
    • 23,492 Thanks
    getmore4less
    Read the capita case that will give an idea of how the ET deal with things.

    Allthough different based on a summary I read(not read the detail) there are similarly that could build a case.
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