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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64712
Experience:  Qualified Employment Solicitor
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I was made redundant in June 2019 without any consultation,

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I was made redundant in June 2019 without any consultation, the company has now filled that position is this legal.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No I was just told due to a decline in work that they were letting me go, in fact only verbal, nothing confirmed apart from a payment package (tax free) as in line with redundancy
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee for over 2 years not in union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I never received a contract either

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?

Customer: replied 10 days ago.
fine ok to talk

OK no problem but please provide the information requested

Customer: replied 10 days ago.
hi what is the £44.00 ??
Customer: replied 10 days ago.
To my knowledge the company has not restructured, I work in the same industry, with the same contacts/client and told last week that there is now a new person covering my old position

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?

Customer: replied 10 days ago.
Yes thank you

All the best

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