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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
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Made redundant, but now they've replaced me


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Hi

 

At the start of May, two members from a four member team were made redunandant from our jobs. I was pretty upset at the time, and would have contested it had I not been lucky and got myself a better job (pay and location) within a week. All other members of staff were genuinely shocked that I was one of the two to go, considering I have been there the longest and therefore acknowledged to have known the most about the job. My attendence record was better than a member who stayed, and, again, everyone acknowledged that there was too much work for just two people to do, so it does (still) feel a bit of a personal decision taken against me.

 

In any case, as I said I was very lucky in getting another job so soon, so I chose to forget about it. However, I have just found out that the company have now employed a new person in the role, advertising it just 4 months after the redundancies. This has me a bit peeved to be honest, as I assumed that if a job was redundant, it was redundant, and not to be filled again so soon after. Again, this made the redundancy feel pretty personal.

 

Is there anything against this practice, or are they free to do that? It doesn't feel very ethical at all!

 

Thanks :)

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I know this doesn't help, but they proberbly pay the new person less money. I am of the opinion that redundancies occur so that the company can get rid of high salaried staff and employ cheaper people.

Just some guy. I try to help, but all advice is my opinion.

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Hi there, when the redundancy process started was a proper selection process used? i.e. were all four of you scored against the same criteria? If you all do the same job and this selection process was not carried out then the redundancy could be classed as unfair dismissal.

 

Kind Regards

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Not knowing enough about redundancy laws, i was on the understanding that if you were made redundant, your employer couldnt replace you. Anyone ?

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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As far as I am aware there is no set time limit in which an employer cannot re-advertise a position previously made redundant, however if they do so without good reason they are wide open to an allegation of unfair dismissal.

 

An employer may quite reasonably make a position redundant only for the business to later see an upturn in orders or be awarded a new contract, making it viable to employ staff to cater for this. It may also be that movement of staff elsewhere in the structure has increased the workload back to a position where your former position is once again viable. If, however he simply decides that he has made a mistake, then a wise employer will leave it for a 'reasonable' period before readvertising the position, will not advertise exactly the same job, or may even approach the previous post holder to invite them to apply, for as Ell-enn suggests this may demonstrate that the selection process for redundancy or even the reason for making the postion redundant was flawed at the start. The law does not restrict the ability of an employer to hire and fire as he deems fit to run the business efficiently, providing that he does so in a lawful, fair and reasonable manner.

 

In answer to your question therefore, it would depend on the circumstances and what you hope to achieve. You could always write to the company and ask them to reaffirm the reason for job being made redundant (only to be readvertised shortly afterwards) and explain your sense of feeling that the reason may have been personal. The response may make you feel better or worse, or you may not receive a reply at all. To pursue any claim against the employer if you are not satisfied though, you would need to persuade a Tribunal that there are sufficient grounds to extend the usual time limit of three months in order to bring action, and any award to you as a result of a successful action would be based on the detrimental impact of the unfair dismissal on your circumstances. In your case, having found a job which involved better pay and conditions within a week, I feel that even if you were able to bring, and win a case, any award would be insufficient to make it worthwhile.

 

Don't get me wrong, I appreciate where you are coming from, and I know that I would feel the same, but I do not believe that there is much mileage in pursuing it.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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AFAIAA there is nothing in the ERA which sets a limit. Some say three months, but more often six months is considered to be the accepted period as it represents the maximum time available to a redundant employee in which they could argue that the redundancy constituted unfair dismissal upon seeing their former position readvertised..

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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