Redundancy Rights - Unfair Dismissal?

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    yewney yewney is offline Junior Member
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    Exclamation Redundancy Rights - Unfair Dismissal?

    I want to know what my rights are - if i have any...
    Briefly about me - I am 19 years old, live 30 minutes away from the company, have a B in Maths, C in English, C in Science etc. I have a BTEC in Business Studies, and also an A level in the same subject. I was going to be starting my PTLLS course in September.
    My story - I have been working at the same company for nearly 3 years in total.
    For the first year and a half my job within the company changed from doing the paperwork, to being an LSA working with the IT tutor.
    The second year and a half in the company I was offered the job of being the Sport and Active Leisure tutor job and have been doing so, until the 31st August 2011 comes in which I have been made redundant from my post. It is no longer going to be offered.
    Another post within the position has been offered which is Learner Support Assistant which I applied for, under the guidance of my boss recommending the post to me. My application was rejected, not even offered an interview. I was told I didn't have the relevant experience or qualifications for it.
    The same also happened to someone else within the company, and she is the only other tutor that was made redundant from her Health & Social Care Tutor job.
    I have been made aware that this means the redundancy is unfair and gives me the right to sue, as they will be employing people from outside the organisation for the position.

    What are my rights? Do i have any at all? Can i appeal etc?

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    SarEl SarEl is offline Expert Advisor
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    Who on earth told you that you that this meant that the redundancy is unfair simply because they employed somebody else from outside the organisation? Because that is an exceedingly simplistic way of looking at it and far from accuirate. You are not automatically entitled to any job going simply because you are being made redundant. Your employer has told you that they do not consider the post that you applied for as a suitable alternative employment because you lack both the skills and experience to do the job. That is entirely within the grounds for legitimately refusing you the position.

    The first thing that you have to establish is that the employer cannot justify their argument that you have neither the skills nor the experience - and to do that you must ask them what this means. If you then disagree with the argument you may appeal the decision to make you redundant on the basis that they refused to consdier you for a suitable alternative position - you must appeal before you can consider a tribunal claim.


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