Redundancy Help Required please?

[wycombemariner]

Being made redundant as Business Development Manager for a company involved in construction. Let me point out they are cash rich, making a profit, and are not being affected by the credit crunch. Oh and I am the only person out of 350 employees who is being made redundant!

 

The year before I joined, my department made a loss of £6ok, since i took over and with the addition of my salary and a n others, we made a loss of £20k this year. A significant improvment you might say!?

 

The reasons for making me redundant are that they are merging my department and another department together, thus doubling my workload and my yearly target/budget. They are making me (Bus. Develop Manager) redundant but have pout adverts out for a new Business Development Manager? Having been interviewed for the new role, I have been told I won't be getting the new job, as I'm not experienced enough. I have been given a months notice and told I am being made redundant.

 

To reiterate: Same Job title, same role, just more workload and a higher target!

 

What I need help with is, can i take them to a tribunal? Can i write and threaten them with a tribunal if they don't pay me 6 months wages as way of compensation etc? Can anyone provide a template for the letter i want to send them? Any help and advice greatly received. Even if it is to say I have no case?

[Guest wino]

I thought that if you were made redundant then your post could not be advertised for 6 months. If the position was to become availiable within 6 months it had to be offered back to whoever held it originally.

[Sidewinder]

I thought that if you were made redundant then your post could not be advertised for 6 months. If the position was to become availiable within 6 months it had to be offered back to whoever held it originally.

 

The six month 'rule' is a bit of a red herring as this isn't 'law' as such. An employer advertising a position which has been made redundant though is open to Tribunal action for Unfair Dismissal, for which the maximum (extended) limitation period is six months, hence the reason for normally leaving at least this period before readvertising. Within that time, unless the job advertised was materially different from the one which was made redundant, with a need for different qualifications or skills, a sensible employer would contact the former employee and invite them to reapply in order to avoid Tribunal action.

 

Having re-read your original post, whilst it would appear to be the case that your employer has given you an opportunity to apply for the 'new' position, I think that you are entitled a) to enquire as to why you were not successful and b) to appeal against your dismissal on the grounds that your job is not 'redundant' in the true sense of the word. Whilst the dismissal may be fair providing that correct procedures have been followed, you are certainly entitled to challenge the legitimacy of their decision.

Edited December 13, 2008 by Sidewinder
Original post was completely irrelevant!

[p_cas]

'a sensible employer would contact the former employee and invite them to reapply'

 

Isnt that what the OP has said has been done here though? He's had to reapply for his job, but unfortunately theyve found someone with more experience (maybe needed for the bigger, merged department?).

[Sidewinder]

'a sensible employer would contact the former employee and invite them to reapply'

 

Isnt that what the OP has said has been done here though? He's had to reapply for his job, but unfortunately theyve found someone with more experience (maybe needed for the bigger, merged department?).

 

Absolutely right and I apologise for not reading the post properly, so have edited the above.