Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Is it the exact same position that has now been filled? and has the company restructured since you were made redundant in June?
OK no problem but please provide the information requested
Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost
In the meantime, I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. What they have done is not necessarily illegal and it will depend on the reasons for redundancy at the time. As you can appreciate, the needs of the business can change over time so there could have been a genuine redundant at the time and a need to reduce headcount. However, over time and perhaps due to changes in business, the industry, new contracts or clients and so on, the need for employees to do that job may return in the future. The employer is then able to recruit again and you do not have to be considered for it automatically.
Even if the redundancy was not lawful, you are now too late to challenge it – you only have 3 months from date of termination to claim for unfair dismissal so you would be legally out of time to make any sort of claim against the employer.
Does this answer your query?
All the best