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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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I was made redundant at the end of August of 2017. I was the

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Hi There, I was made redundant at the end of August of 2017. I was the companies lorry driver. They only had 1 truck and I was its driver. I was told in a meeting that the company were getting rid of the lorry and using a smaller van to transport the goods, as this was financially better. Therefore the position of lorry driver was no longer available. I asked when was the truck due to be sent away. I was told by my manager that the lorry was due to be sent to another country in 4 weeks time. That was 5 months ago. The lorry is still in use and the company have someone else driving it.
This upsets and angers me very much. I feel that I have been lied to. I admit I have got a few health issues which made me have a lot of time off work. I asked in the redundancy meeting if my absence was the reason for me losing my job and they blatantly said no, they want to get rid of the truck. Where do I stand with this?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So how long had you worked there for?

Customer: replied 4 months ago.
Good Morning Ben, thank you for viewing my question. I had been there for 3 years

No problem at all and OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. In order for there to have been a valid redundancy the employer would have had to show that there was a reduced requirement for employees to do a particular job. The job could have remained in place but they must have had a requirement for fewer employees to do it. If the truck was genuinely going to be removed that would have satisfied the requirements for redundancy. As it stands, it was never removed and it continues to be used, with someone else taking your place. It is possible that their plans changed, for whatever reason, and that they no longer needed to remove the truck. That could still have made the original dismissal fair because at the time they may have genuinely intended to remove it. However, if their plans changed so soon after you were made redundant they should have considered asking you back.

The main issue now is that you are actually out of time to challenge this. You only have 3 months from date of termination to make a claim in the employment tribunal. Even if you found out after the deadline that what they did was wrong and unfair, that does not extend the time limit for claiming. So sadly even if you may have had a claim here, you are legally unable to pursue it because you are out of time. As such it is all a moral issue now rather than a legal one and there are no remedies open to you to take it further and challenge what they did.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
Hello Ben, thank you for taking the time to respond in such detail. I had no idea what would be the outcome of my question so I am just happy to get a clear answer.
Now I know where I stand I can lay the issue to rest. Many thanks Ben and of course I’ll make sure I put a rating for ur time and effort. All the best, Sam.

Many thanks and all the best