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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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less than 2 yrs ago I took redundancy. My job was going to

Resolved Question:

less than 2 yrs ago I took redundancy. My job was going to be done by an admin pool of many people. I understand since I finished it is been mainly one person doing the work in this pool that I used to do and now the person works in my old office doing the work I used to do. Not sure if this is part time though. I went there to work in the fleet dept as admin assistant. I could have applied for one of the admin pool jobs but this was not a suitable job for me and declined and took the money. Are they allowed to do this as that position was redundant. Could I have a case.
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. Unfortunately you are too late to do anything about this now. If you were unfairly dismissed and took redundancy for an unfair reason for example then you only have 3 months from the date of the termination of your employment to challenge this in the employment tribunal. If more than 3 months have passed since you left the company then I am afraid you are too late to make a claim and you will be stature barred from claiming against the employer. So whether the circumstances of the redundancy at the time were unfair or not is now irrelevant as you would not be able to submit a claim any longer.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

I thought there was a law about the position being redundant and it had to be so many years (2 springs to mind) before the position could be revived again. It seems to me that it is one person doing the job I used to do and not the admin pool.

Ben Jones :

No there is no such law about a minimum period of time before a position can be re-introduced. The only time limit is the 3 months a redundant employee has to claim, after that time they cannot claim even if the redundancy was originally a sham or unfair. So technically an employer can try and argue there is a redundancy, make someone redundant then after more than 3 months take on someone to do exactly the same job and the redundant employee would no longer be able to challenge it

Customer:

Ok thanks.

Ben Jones :

you are welcome, all the best

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