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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47613
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I got made redundant on 30th June from my position as a Standard

Customer Question

I got made redundant on 30th June from my position as a Standard Tooling Specialist (Engineer) from an Oil & Gas Service company that makes ROV intervention tooling.
I had been with the company for nearly 10 years and got the minimum statuary payoff.
My previous roles within the company had been designer, Project Engineer, Senior Project Engineer and Projects team leader.
Prior to this I also had a further 12 years in this field in various Engineering positions, including Design Engineer and Senior Design Engineer
Yesterday, I learned my ex-employer had just hired a Senior Design Engineer two weeks ago - So six weeks after my redundancy.
During my redundancy procedure I directly asked the HR Manager, and my Engineering Manager, if a position became available would they consider re-employing me? They both agreed, and I left the company - I felt - on very good terms.
Do I have a possible grievance here?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was the position available whilst you were still employed by them?
Customer: replied 1 year ago.

No. I think they won a new contract and so 'suddenly' required additional personnel.

I think the thrust of my issue is the timings, I know this project was already tendered out, and basically, the future of the company appeared to be pining its hopes on winning it, due to the decline of the North Sea.

But considering the 'advertising' and interview process to get another engineer in, when I was already available and recently left the company...

Expert:  Ben Jones replied 1 year ago.
Your rights would only extend as far as the time you were employed by them. When a redundancy situation occurs the employer has a duty to offer you any suitable alternative employment that exists at the time. This is an ongoing duty all the way until your employment with them terminates. So if there was an alternative position available whilst you were still their employee and at risk of redundancy, then they should have offered that to you. Once your employment terminates this duty also terminates and there is no legal obligation on them to offer you anything new that may come up, whether it is on the day after you leave or some time after. So even though a position that you would have been suitable for has come up a few weeks after you had left, there is now no legal obligation on the employer to consider you for it. Had this position come up whilst you were still employed by them but they failed to offer it to you then there would have been the potential for a complaint, but not if it had come up after your employment terminated. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year 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.

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