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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46185
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, In June 2011 my administrator role came under central

Resolved Question:

Hello, In June 2011 my administrator role came under central finance of the company due to reorganisation. At the time I was 62 yrs old. In march 2012 my line manager called me into a meeting with head of HR asking me if there was anything they could do to help me retire. My answer was no as I have a mortgage. In Dec 2013 I was asked to another meeting to tell me that they were restructuring my role and it was going to 20.25 hrs a week but there was 15 hrs available on sales ledger. I decided to try this but I was put under so much pressure that after 3 months I was told that I was not suitable for the role. I had all the necessary letters and time scale for this restructure. In march 2014 I was called into another meeting to tell me my role was becoming redundant but it was being put into the tied estate role to make a new role. Once again I had all the necessary letters and time scales. I had no option other than to take redundancy as this new role was more for a junior accountant. I have applied for two jobs in this company since leaving but within the 3 months notice period and did not even get an interview. Both these roles I could have done as I already had the knowledge. I feel as though I have been manouvered out of the company because of my age. Is this so and is there anything I can pursue. I feel not but have to ask the question so that I can put this to bed. Thank you Sally Bird
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

When did your employment actually terminate?

Customer:

I left on 1st July with three months notice which ends at the end of September

Ben Jones :

So you are still employed by them?

Customer:

technically yes but not going to work as I have been paid notice money and redundancy money

Ben Jones :

So you were effectively paid in lieu of notice?

Customer:

yes that is correct

Ben Jones :

ok so your employment would have terminated on 1 July and you are no longer employed by them now. This is relevant because any claim must be made within 3 months of the termination date so you would have to do this no later than 30 September, which means time is of the essence. Now going back to your situation, you say you could have done the roles that were created but were you actually given that opportunity?

Customer:

No because they recruited internally and I never got invited for an interview

Customer:

These were roles that became available after I left but I did get offered the role when they created the new one during the restructuring process

Ben Jones :

ok let me get my response ready please

Customer:

thank you

Ben Jones :

if you were being made redundant then your employer should have offered you the opportunity to apply for any suitable alternative positions available at the time so if there were jobs available which you could have done the employer should have offered you the opportunity to apply for these, rather than automatically recruiting someone else into them, whether externally or internally. In a redundancy situation there is this formal requirement to offer those at risk of redundancy suitable alternative employment in order to try and avoid having to make them redundant so the employer's failure to do so when jobs actually existed could make the dismissal unfair. In terms of age discrimination, that is not so obvious at present but it could have been a factor the employer used when coming to a decision to make you redundant. That would be for them to justify but it does not top you from raising this as a claim. However, as mentioned you only have a few days to take this further and you would first have to go through early conciliaiton through ACAS, so they would be used as a mediator to try and get you some sort of financial settlement and if you cannot agree on anything you have the option of proceeding to a tribunal claim

Customer:

OK thank you but was offered the new role during the process of restructuring but my thoughts were if they had done anything wrong in the beginning asking if they could do anything to help me retire. But as you say age discrimination is a thing they would have to justify. Many thanks for your help

Ben Jones :

the fact that they were offering you retirement and you then found yourself being made redundant could suggest they were looking at ways of removing you due to your age - it is slightly circumstantial at present just looking at their actions but as mentioned it does not stop you from raising this as a claim and it would then be for them to show that there were no age related reasons for their decision

Ben Jones :

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? Thanks

Customer:

Thank you for your advice this has answered my question and feel this is going to be difficult to prove.

Ben Jones :

you have nothing to lose by going through the free ACAS conciliation process first

Ben Jones :

All the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46185
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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