Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
So how long had you worked there for?
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Many thanks for your patience. In order for there to have been a valid redundancy the employer would have had to show that there was a reduced requirement for employees to do a particular job. The job could have remained in place but they must have had a requirement for fewer employees to do it. If the truck was genuinely going to be removed that would have satisfied the requirements for redundancy. As it stands, it was never removed and it continues to be used, with someone else taking your place. It is possible that their plans changed, for whatever reason, and that they no longer needed to remove the truck. That could still have made the original dismissal fair because at the time they may have genuinely intended to remove it. However, if their plans changed so soon after you were made redundant they should have considered asking you back.
The main issue now is that you are actually out of time to challenge this. You only have 3 months from date of termination to make a claim in the employment tribunal. Even if you found out after the deadline that what they did was wrong and unfair, that does not extend the time limit for claiming. So sadly even if you may have had a claim here, you are legally unable to pursue it because you are out of time. As such it is all a moral issue now rather than a legal one and there are no remedies open to you to take it further and challenge what they did.
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Many thanks and all the best