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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.
Are the jobs exactly the same? How did your previous role differ from the new part time position?
Thank you. 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.
I would indeed agree that if you are not offered that role then the original dismissal is likely to be unfair.
If there is a redundancy situation, the employer has a duty to make a reasonable search for suitable alternative employment (SAE). If such positions exist they must then be offered to those at risk of redundancy. The objective is to avoid having to make someone redundant and keep them in a job. Failure to do so can easily make the whole redundancy unfair, even if there was a genuine reason for it to start with.
You can remind the employer about this and make it clear that you will have to potentially seek redress in the Employment Tribunal if the original redundancy stands and you are not offered this new alternative role. Just make sure you act in time though as the time limit to claim is 3 months from the date of the original dismissal.
Does this answer your query?
Hi you can indeed wait to see what their decision is so that you don’t unnecessarily rock the boat. In the event you have to make a claim for unfair dismissal then this will very much depend on how long you are left without work. There are various calculators you can use to give you an idea of what you may be able to claim, for example:
There is no definitive answer I’m afraid, especially because by the time your claim is heard it would be several months later and you would have a better idea of what has happened with finding a new job, so at this stage you simply have to guess, considering what the job market for the industry you are working in is doing. The maximum you can claim for is a year anyway
All the best