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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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HiI have recently been told i am been made redundant after

Customer Question

Hi
I have recently been told i am been made redundant after 14 months in the job, effectively they have taken my job description and added senior to the title and will be recruiting someone else
I have not been made aware there is a performance issue and the according procedures have not been followed for development or verbal and written warnings
They are terminating my contract of employment with 3 months basic pay in lieu of notice as stipulated in my contract but have offered me the option to work for an additional 3 months with a retention payment if I continue while they recruit for the new positions
I believe I may have a case for unfair dismissal do you agree? If I do have a case for unfair dismissal is it worth pursuing?
Thanks
Marcus
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.
Hello and welcome to Just Answer, have you already appealed against the decision to dismiss?
Customer: replied 4 years ago.
I haven't appealed the decision to dismiss me as I wanted to check first If I had a strong enough case
Do you need more infoatiom on my situation in order to assess whether I am
Being unfairly dismissed or do you think they have covered themselves?
Marcus
Expert:  taratill replied 4 years ago.
Were you the only person doing your role and do you believe they need someone with different skills from you to do the new role?
Customer: replied 4 years ago.
They have said the new roles are senior positions and they said because my current title is a manager level there is vacancy for me in the new structure
they don't believe I'm at a senior level and therefore not suitable for the vacancies and referred to my personal development appraisal
Regards
Expert:  taratill replied 4 years ago.
C an you demonstrate that you do have the skills to do the job?
Customer: replied 4 years ago.
I believe I can demonstrate I have the skills for one of the vacant roles either through my experience in my current role or previous roles, when I stated this to the sales director and that I could examples he replied that based on the development areas on my appraisal form I wasn't ready in his opinion to move into a senior role
Expert:  taratill replied 4 years ago.
Hello in a redundancy situation you must be offered a suitable alternative post and the opportunity to apply for any other vacancies. If you can demonstrate that you have the skills to do the new job and it is similar in skills to your existing job then you can argue that it should be considered to be a suitable alternative to redundancy.

I cannot say for sure that you would succeed as I do not have all the evidence but it does appear that there is an argument.

You can submit a claim on that basis and state that even if it is not a suitable alternative you could have carried out the new role with minimal training. All the best.

Please remember to give positive feedback. I will be happy to answer your follow on questions.

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