Unfair Redundancy

I was employed with a company on a part time basis working four days per week and had been employed for eleven months. I was approached by a director of the company when I finished work on the 30th May 2009 and was told that I was being made redundant with immediate effect and that I was being given one months Garden Leave and paid for that one month of Garden Leave.

The basis for my redundancy evidently being cash flow issues in the business and that they could no longer afford to employ me. I was asked to sign my contract of employment at this point which although I had seen it previously I had never been asked to sign it until now, this contract stated that I was prevented from seeking other employment with a similar company and that I was not to divulged company information. The reason that this contract of employment was not signed was due to the fact that I was instructed by this director that I would be required to read the company staff handbook prior to signing the contract but although I requested to see the staff handbook on a number of occasions I was never given a copy or shown it.

I was never consulted before the point of being advised that I was being made redundant or given any clues of impending dismissal. Two days after being made redundant this company had a member of their immediate family at my desk performing all of the duties that I had been employed to perform. I was also advised that due to the cash flow issues of the company that the directors would be unable to take any holidays and that they would have to let go a newly aquired extension to the business premises.

As I am registered with the local Jobcentre I became aware last week that this company is now advertising a position which embraces all of the tasks that I used to do with a couple more tasks bolted onto the new job description. I have now asked one of the directors why I was not being considered or advised of this position and they have advised that the position is only temporary and that in any case the position would be far too much pressure for me to manage. The job description states clearly that the position is Permanent, in addition when I joined this company I was told by the directors that they wished to expand the business by taking on one or two more staff in the coming year and at that point I would have the choice to either remain in my original position or take on duties like the additional bolt on tasks now being advertised. Since I was made redundant the directors have taken a foreign holiday and have not downsized their business extension as they originally claimed they would have to do due to the pressures from their bankers.


It seems that they have used false reasons to get me out of my job with them and rather than the post no longer existing they have had someone doing my job within forty eight hours of my departure.

Has my employer acted legally and fairly and do I have any recourse in this matter and if so how should I approach this situation.

Many Thanks

Hi Sam

I am afraid that is unlikely that you will have any recourse in relation to this issue.

It looks like you did not have one year's continuous service on dismissal, so you will not be able to claim unfair dismissal. To check this, you need to take your last day of service (which will be the last day you were at work, if you were paid in lieu on notice) and add on one week (which is the statutory notice). If the resulting date is the anniversary of your start date or later you can bring a claim of unfair dismissal, if it is earlier then you can't.

The only potential claims would be in relation to discrimination but it seems unlikely that there were any discriminatory matters here otherwise I am sure you would have mentioned them. I am not sure whether you are male or female but assuming the latter, if you had become pregnant and told your employer shortly before they decided to dismiss you, then that would indicate possible discrimination.

It looks like your employer played the system. They seem to have had some doubts about your capability (from the comments they have made since your departure) but rather than talk to you about that and given you the opportunity to develop and improve, they have acted before the first anniversary to remove you and replace you. I am afraid that is all too common with some employers who are too short-sighted to invest in their staff properly.

Regards

Pete

Hi,

Thanks for your response, basically in a nutshell this is what I suspected, this is a case where this employer has used the system to remove me from my post in the process being totally untruthful with me and there is nothing I can do to redress the wrong doing of this matter.

It has suited this company to dismiss me and then employ a family member at a reduced rate of pay doing the same job, it was never the case that I was unsuitable for the position but more the case that they wanted to reorganise things in their favour at my expense.

Once again thank you for your view and advice

Sam