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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45363
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I wonder if you could help me. I have recently been made

Resolved Question:

Hi, i wonder if you could help me. I have recently been made redundant from my place of work as they told me my vacancy was no longer available. They have then taken someone else on, which they advertised while i was still there and now have the same position in which i had. Is this a case of unfair dismissal?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

How long had you worked there for?

Customer: replied 4 months ago.
Only 6 6 month
Customer: replied 4 months ago.
6 month
Expert:  Ben Jones replied 4 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 4 months ago.

Many thanks for your patience. 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

So regardless of whether there was a redundancy or not, or if they simply replaced you unfairly, sadly you do not meet the criteria for claiming unfair dismissal. So unless you can show that the dismissal was due to a discriminatory reason, I am afraid you will not be able to take this further.

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

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 4 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45363
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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