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Whilst a redundancy situation can arise if a post is being deleted, the employer would still be expected to conduct a fair redundancy procedure to ensure that any potential dismissal is procedurally fair. When redundancies are concerned, this would require the employer to consult with the affected employees, discuss the reasons proposed redundancies and also offer the employees any suitable alternative employment that may exist at the time. If, as part of the restructuring process a new job was being created and your skills were suitable , then the employer would have had a duty to offer you the chance to apply position in order to try and avoid having to make you redundant. If you believe that the position was suitable but they never offered it to you then that can make the redundancy unfair and subsequently the dismissal could be unfair as well.
Now that the dismissal has taken place your only option is to consider making an unfair dismissal claim against the employer in the employment tribunal and seek compensation of earnings incurred as a result. What these would be depends on whether you have managed to find a new job since or how long it would be reasonable to expect you to find one.
However, a new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
If the conciliation process fails then you would be given permission to submit a claim in the employment tribunal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
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