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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi I was made redundant on the 23rd April, i was given

Customer Question

Hi

I was made redundant on the 23rd April, i was given no warning of the redundany or of any meeting, i came to work that day and was told i was made redudant and to leave the premises. I arranged a appeal meeting with the director on the 16th May, claiming i was unfairly dismissed and treated badly by the company. I have had a response today via e-mail, saying that after investagating they have changed there mind and have revoked there desistion and that i should return to work on Tuesday the 28th May. Also it my e-mail it says he has made his final desition and that no further action can be taken aginst the comany. Is this allowed? It was 4 weeks ago last Tuesday i was made redudant, is it right that he should had offered me this before the 4 weeks?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long did you wok there for?

JACUSTOMER-xnx2hopx- :

Two years and one month, also the reason for redundany were that they needed someone to work full time with a AAT qwalifiction in accounts. I worked part time, was not offer full time or any tranning, and also the women they have got to replace me is also not qwalified. Another thing is they advertised my job on the 18th March

Ben Jones :

Do you wish to return?

JACUSTOMER-xnx2hopx- :

i enjoed the job, but the manager, not the director was very rude, and a bully, i would like to return but also think irrevocable breakdown in communication also i think they have only offered me my job back because they know i have got a good case against them, if they wanted me back because they valued me or they found another job for me that would be ok, but they have already replaced me?

Ben Jones :

Are you not returning to your original job?

JACUSTOMER-xnx2hopx- :

he has not said, just said to come back to work tuesday, but because they have replaced me not sure what can be done, the two of us cannot do the same job

Ben Jones :

It is highly likely that this is an unfair dismissal because the employer has completely failed to follow a fair procedure. Whilst you can claim unfair dismissal and claim loss of earnings, you have to remember that you have a duty to mitigate your losses by finding new employment as soon as possible. By offering you your old job back you have the chance to mitigate these losses and if you unreasonably refuse the job you could jeopardise your chances of getting compensation because the tribunal can argue that you should have gone back to it when it was offered to you.

However, there are circumstances when you will reasonable be refusing it and it should not affect your claim. For example if the job was not the same and it is not suitable, or there has been a serious breach of trust and confidence between you and the employer which would make your return impossible.

JACUSTOMER-xnx2hopx- :

Also sorry forgot to mention i have started a new job last monday which could possibly be permant

Ben Jones :

ok that will also affect an unfair dismissal claim as you will only be compensated for loss of earnings and if you have a new job your losses will be significantly reduced and you can only potentially claim for the period of unemployment in between

JACUSTOMER-xnx2hopx- :

Did they have a duty to if they wanted change there mind with in 4 weeks of me being made redudant? Also because of the bad management and bad work enviroment it would be inpossible to work for them again, do i have any rights

Ben Jones :

Sorry can you please clarify your first question

JACUSTOMER-xnx2hopx- :

some sites say that if an employer changes there mind about making someone redudant, they have to do this within 4 weeks of the redundany

Ben Jones :

No there is nothing in law that says that, they can do it whenever they want. Your only rights now are a claim for unfair dismissal but with the new job you have to consider what your losses actually are and whether it is worth pursuing

Ben Jones :

I am not sure for the reason behind your negative raring when all I have done is explained your legal position?

Ben Jones :

If it is not what you wanted to hear I am afraid there is little I can do about that, I cannot change that

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