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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47901
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a further question related to the above. I Left

Resolved Question:

Hi,
I have a further question related to the above.
I Left the company on 15 May under redundancy. I have now found out that a position is being recruited for the team I was working on, at the same level I was.
The team are small consisting of a Team Manager and 4 Compliance Advisors of which I was one, the reason for my redundancy was given that the team were being downsized to 3 with one position being transferred to another part of the business, I put in for the 4th position in another town, but was told that someone else was matched into it.
Can the original team recruit so soon after I was made redundant?
Thanks,
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you know if the vacancy they are recruiting for existed at the time of redundancy?
Customer: replied 2 years ago.

I am not sure, at the time I was redundant the team was reduced from 4 Advisors to 3, so the fact that they are recruiting so soon afterwards would appear that they still needed 4 people.

There was certainly no position on the team which I could have applied for.

I am not sure what the position is being recruited as i.e. job title. but the level/grade appears to be the same as the one I was on.

I hope this is the information you need.

Thanks,

Expert:  Ben Jones replied 2 years ago.
How long have you worked there for?
Customer: replied 2 years ago.

I worked there as a temp for two years from Oct 11-Oct 13 but was only employed permanently since October 2013.

Thanks

Expert:  Ben Jones replied 2 years ago.
When you say you were a temp were you working through an agency?
Customer: replied 2 years ago.

Hi Ben,

Yes I was.

Thanks

Expert:  Ben Jones replied 2 years ago.
Your rights will unfortunately be rather limited in the circumstances. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). I know you have been there longer than 2 years but only your service as an employee will count so any time as n agency worker will not be considered. This means you have less than 2 years unfortunately.
So even I the redundancy was unfair or a sham, you cannot challenge it as you simply do not have the required service to do so. I am afraid therefore that the fat they are already recruiting is irrelevant, even if in normal circumstances it may have potentially made the dismissal unfair.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.