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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38604
Experience:  Specialist in UK Law with expertise in UK Employment Law
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Hi Ben, Just over a month ago I was made redundant from

Resolved Question:

Hi Ben,

Just over a month ago I was made redundant from my position due to the company brand being sold to a new company. The brand itself continues to trade under a new umbrella company.

Just yesterday I saw a post on Linkedin for exactly the same job description however with a downgraded title and for a 6 month fixed term contract?

I just wanted to know what my position is on this?

Many thanks
Jo
Submitted: 12 months ago.
Category: UK Law
Expert:  Ben Jones replied 12 months ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long did you work for the company before being made redundant?

Customer:

I worked at the company for 1yr and 5months.

Ben Jones :

just to confirm - when was your exact start date please?

Customer:

Exact start date was 12th March 2012

Ben Jones :

And what was the actual reason for the redundancy?

Customer:

the company was sold however its still trades under the same brand name

Customer:

just a different owner

Customer:

it was a group consultation process only 7 people from the original staff were TUPED across.

Ben Jones :

why were you not TUPEd?

Ben Jones :

I presume you were covered by TUPE but did not move across as they did not need you so invoked the redundancy to dismiss you instead?

Customer:

Exactly my role was not deemed as a requirement to keep the marketing department functioning

Ben Jones :

Well it's good news in a sense that because you were employed before 6 April 2012, you have enough service to be protected against unfair dismissal. So to have fairly dismissed you the employer needs to show they had a potentially fair reason to do so and also that they followed a fair procedure.


 


It is entirely possible for an employer to keep a position but change its terms, for example reduce salary, make it part time or fixed term, etc. The reasons for the redundancy could have prompted that, for example business reorganisation or economic pressure.


 


So whilst the job you have seen advertised is the same as yours, at the same time it is not because it is a fixed term contract with a lower salary. The employer could have offered you this job as an alternative to making you redundant but it is not going to be a suitable alternative position so technically they would not have had to offer it to you.


 


So I would have been more concerned if there was a job advertised which was similar in terms to your old one, not just in duties but also remuneration, duration, etc. The current position suggests the employer may still need someone to do this job but not permanently and only on a short-term basis, which could have made the redundancy potentially fair.


 


You do have the right to claim unfair dismissal if you want but in these circumstances i would not say it is a clear cut case where you are guaranteed success.

Customer:

Ok thanks...I do know however this is a role which will go permanent and I have this in writing from my ex colleague who's the hiring manager. I'm not sure he should really have put this in writing but there you go.

Ben Jones :

that will help, but what is also important is whether the employer can show that at the time of redundancy they did no actually need you. It could be that at the time that was the case but after they let you go they realised they may still need the position and they created this job as a result. Just playing devil's advocate here but also showing you potential situations

Customer:

ok thank you for you help on this I think its a little tricky this one. They would have eventually needed my position it just feel all too quick.

Ben Jones :

you could consider submitting a claim and hoping they will try and settle it, it could be risky as you have to pay a fee to subit the claim and of course cannot guarantee they will settle but it could be worth a try

Customer:

Thanks Ben...I will have a mull over this but I doubt I will pursue sometimes its better to move on gracefully!

Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38604
Experience: Specialist in UK Law with expertise in UK Employment Law
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