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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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Hi There i was made redundant last year in August, because

Customer Question

Hi There
i was made redundant last year in August, because of a structure change in my organisation where two roles were 'condensed' into one. However, I have since found out that the structure has been reverted back to the old structure, although the people appointment have been apoointed 'temporarilly'. This seems to be a deliberate ploy to avoid the 6 month rule on structural changes as I advised the structure would never work at the time and I wondering whether I have a valid legal case?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Ben Jones replied 5 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. I am afraid you are not out of time to challenge this in any way. Your only claim would have been for unfair dismissal, which carries a strict 3 month time limit from the date of dismissal to be submitted in the employment tribunal. As you were made redundant in August you are now way out of time to challenge this, which means the employer is free to do as they wish and they can easily appoint someone back in your position if they want to.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 5 years ago.

Thanks Ben

I thought the limit was 6 months before they could employ someone in the same position though? And, I have only just found out that they did this so doesnt that count in a court?

Regards Shelley

Expert:  Ben Jones replied 5 years ago.
Hello Shelley, I am afraid that is not the case. There is no legal time limit within which an employer cannot employ someone in the same position. They can do it as soon as they want but if it is done within the first 3 months of the redundancy then it would suggest that there was no redundancy in the first place and that would help you towards a potential claim for unfair dismissal. However, once the 3 months has passed and you are no longer able to claim and the employer is free to do as they wish.

Also the fact that you have only just found out will not count for anything - the time limit is strictly applied and it is 3 months from the date the dismissal took place. There are very limited circumstances when an extension will be given but that is usually when the claimant has been incapacitated due to illness. I am afraid I do not see any factors that would grant an extension here, I am sorry