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Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue now. Can you please let me know when did the dismissal take place and also has a claim already been made?
There is a reasonable case for unfair dismissal, obviously it is not possible to tell you the prospects of success as there are many factors to be considered and it would also depend on the employer’s defence but as far as the law is concerned when an employee is placed at risk of redundancy an employer has the duty to offer them suitable alternative employment in order to try and avoid having to make them redundant.
This duty is ongoing and extends until the employee is actually dismissed. Therefore, if an employee has been issued with notice of redundancy and they are serving their notice and still employed by the company, the duty to make an offer of alternative employment still exists until their employment is terminated. If certain opportunities for alternative employment appeared whilst you were still employed in the company and the employer failed to make you aware of these and offer you the chance to apply, you may indeed argue that they have failed in their duty. That can potentially make the dismissal unfair because the employer has not followed the requirement to offer you any suitable alternative employment. The fact that you were initially unsuccessful does not mean they cannot offer you the opportunity to apply for the same or similar vacancy if it comes up at some point before your employment terminates.
Hope this clarifies your position? If you could please let me know that would be great, thank you
generally you do not, a claimant is only at risk of paying the employer's costs if they had continued with the claim when it was clear that they had no reasonable prospects of success and this was clear in the proceedings (you should also be issued with a costs warning first)
you are welcome