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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48202
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was made redundant from my position as an estimator/surveyor

Customer Question

I was made redundant from my position as an estimator/surveyor in December. The post was cut due to lack of work and no other positions were avaiable to me to move into (according to my employer). I have just leant that they have now taken on another estimator/contracts managef in beging of March. Is there a claim for unfair dismissal? should the position been offered to me. I was the only one in the company made redundant and there was no real consultation with regards XXXXX XXXXX lose of the position. i was with the company for 5 years and offered 1 months redundancy and 1 months pay. I did not work the month up to the date off leaving (looking for other work).
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  Jo C. replied 5 years ago.
You are in the uk, aren't you?
Customer: replied 5 years ago.
yes - London
Customer: replied 5 years ago.

Remus,

 

Is this something you can help me with?

Expert:  Ben Jones replied 5 years ago.
Hello, my colleague has asked me to assist with your query as it is more my area of law. When exactly was your employment terminated? Even though you did not work the month up to leaving was your employment still active during that time?
Customer: replied 5 years ago.
I was told that the positon was to be made redundant at the end of november 2011.
Expert:  Ben Jones replied 5 years ago.
OK. It is really important to narrow down exactly when you left. Were you given formal notice of redundancy and if so when did that notice expire? For example, if you were given a month's notice, when were you given that notice and when did it formally come to an end?
Customer: replied 5 years ago.

For Ben Jones only

 

I was told on the last day of the month (november) that the position will be redundant on the last day of december. i was giving the option to work the last month or be paid in lieu. i was also given one months redundance for the five years. my last pay packet was on the 27th december.

Expert:  Ben Jones replied 5 years ago.
ok thanks, XXXXX XXXXX you paid in lieu in the end?
Customer: replied 5 years ago.
yes. last actual working pay day would have been friday 30th december.
Expert:  Ben Jones replied 5 years ago.
Once you have been made redundant there is no obligation on your employer to offer you a position if it becomes available. Your employment has been terminated and as far as they are concerned they have no further obligations towards you. However, if they knew at the time of making you redundant that this would have happened or your redundancy was somehow engineered to ensure they get rid of you then that could indeed amount to unfair dismissal. The issue is that you appear to be just out of time to claim. You only have 3 months from the date of termination to claim. So if your employment terminated at the end of December (30th) then your claim would have had to be submitted by 29 March. Even a day out could mean your claim is rejected, unless you had a pretty good reason for not submitting in time. Not knowing that you had a claim is not a good enough reason to get an extension and it has to be something serious, such as illness, etc.

Please press Accept for the advice given so far. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
Ben Jones, UK Lawyer
Satisfied Customers: 48202
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other UK Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

i only just leant that there was a position for a new estimator on the 29th. dont you think that its a bit off a coincidence that its become public that they have employed a new person exactly 3 months after i was made redundant. Before i left i had an informal chat with my director who mentioned that i would need to bring in £400k of new work by februray, this was during november 2011. i was not given the chance before i was made redundant.

Customer: replied 5 years ago.

For Ben Jones only:

 

Ben i only just leant that there was a position for a new estimator on the 29th. do you think that its a bit off a coincidence that its become public that they have employed a new person exactly 3 months after i was made redundant. Before i left i had an informal chat with my director who mentioned that i would need to bring in £400k of new work by februray, this was during november 2011. i was not given the chance before i was made redundant.

 

Do you think there could be a case even though it has been more than the 3 months sepcified?

Expert:  Ben Jones replied 5 years ago.
Sorry I did not see your post yesterday. I would not necessarily say it is a coincidence. If I was advising the company I would tell them to ensure that if they were to take someone new on that they wait for the 3 month time limit because after that you would be time barred to claim.

It is irrelevant what information has come out since - you have 3 months to make your claim, if you miss that deadline you will be time barred. As mentioned, the tribunal does have the discretion to grant an extension but that is rarely given and only for extenuating circumstances that were completely out of the claimant's control.