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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, In August 2013 I requested a change in working times

Resolved Question:

Hello,
In August 2013 I requested a change in working times (not hours) from my employer to cover a change in childcare arrangements. I requested this on the Monday and was 'made redundant on the Friday' due to a company re-structure.
I have now found out that they have employed somebody else in the role.
Where do I stand? I'd worked above and beyond the call of duty and never had a disciplinary or warning.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. how long have you worked there?

Customer:

I started in July 2012 - So 13/14 months

Ben Jones :

Hi, and just to confirm - when did your employment officially terminate?

Customer:

Hello, they told me 30.08.2013 and gave me a weeks grace so officially 06.09.2013

Ben Jones :

I am sorry to say that you are not going to be able to take any further action in this case. There are a couple of reasons for this:

1. You are not protected against unfair dismissal because you need to have at least 2 years' service for that.
2. To make a claim for unfair dismissal you only have 3 months from the date of dismissal to claim and if you were dismissed back in September 2013 then any claim would have had to be made no later than Dec 2013
3. You may have had additional protection under discrimination laws, for example if you were dismissed for making a flexible working request, but again the time limit to claim for discrimination is 3 months from the date of the alleged discriminatory act, so again you would be too late to claim unfortunately.

Customer:

That's a shame - I've only just found our that they've filled my position otherwise I would have addressed it earlier. They also made 4 other people redundant the week before and non of their positions have been re-filled. So there really is nothing I can do?

Ben Jones :

Sadly not as you fail on two grounds - insufficient service and also out of time to make a claim. It is legally possible for an employer to use a sham redundancy to try and dismiss someone, wait for 3-4 months and then employ someone new in the same job and assuming the employee has not made a claim by then, they would be time barred from claiming so the employer can get away with it

Ben Jones :

sorry not sure if my last response got through?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello I understand you had problems viewing chat mode so I have ended that and switched to the more user-friendly Q&A mode. My posts should now be visible above. Please let me know if you have any queries or leave a rating if you are satisfied with my answer. Thank you
Expert:  Ben Jones replied 3 years ago.
Hello, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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