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Hello, my name is Ben and it is my pleasure to assist you with your question today. How long did you wok there for?
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
Do you wish to return?
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?
Are you not returning to your original job?
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
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.
Also sorry forgot to mention i have started a new job last monday which could possibly be permant
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
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
Sorry can you please clarify your first question
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
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
I am not sure for the reason behind your negative raring when all I have done is explained your legal position?
If it is not what you wanted to hear I am afraid there is little I can do about that, I cannot change that