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Great site and I continue to use the excellent services that are a real lifeline to many.....

 

After the formal process of selection and notification I was advised my position was at risk/under review and possibly being made redundant. when the designated consultation period of 1 month was over I was advised due to a business re-organisational my role and thus I too was being made redundant. Redundancy was paid as notified in a letter and I was required to leave immediately not required to work notice. I think they call it 'PILON' - Pay In Lieu Of Notice?

 

About a week or so later I returned to the company as I have many friends still working there to find a contactor doing my job - same desk same function pretty much identical except that he was not an employee. So here the plot thickens. I need an experinced opinion on how I proceed, I am not impressed. I can report I have seen this sort of behaviour before by this company - they have a very poor record with many acrimonious departures and highly illegal practices applied to this very day.

 

Perhaps being US in origin explains a little more, as they do feel they have done the 'right thing' here but I am sorry I feel I have been taken for granted and poorly treated in contradiction of UK employment law Specifically an experienced answer to or assistance with....

1. Is this allowed - circumstances for redundancy were quite literally created as a means to justify a business end?

2. The position was 'transferred' to a contractor not made redundant or eliminated surely TUPE applies or comes into force here?

 

Some basic info - an employee for over 4 years, conditions were clearly indicated as redundancy and in no way linked to perfomance or misconduct or otherwise. Economic conditions - business had recently made a large aqusition of about $900million and restructuring, but there was no cross-over of new aquired businesses employees the role nearest comparable was performed by contract staff. In fact if anything the workload was increasing very rapidly which makes it even more unbelievable. Organsiational - contractor literally filled my void in every sense and action in how he performs his function and duties. Even the same bloody desk and chair! He is also member of the team I had belonged to.

 

I have read TUPE 2006 and feel I may have a case to answer....any comments suggestions support or useful info is welcome.

 

thanks you :o)

Season greetings at Christmas & Happy New Year to all!

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Subscribing with interest.

 

someone will be along who knows what they're are talking about

 

I'm no expert.

 

But

 

I think they were supposed to give you 90 days notice

 

And making someone redundant to be almost immidatly replaced with an agency working I asssume is very very naughty.

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Subscribing with interest.

 

someone will be along who knows what they're are talking about

 

I'm no expert.

 

But

 

I think they were supposed to give you 90 days notice

 

And making someone redundant to be almost immidatly replaced with an agency working I asssume is very very naughty.

 

Not if there is only one post made redundant.

 

But i terms of the OP's position, then this may be an unfair dismissal, but clearly he would need to show that the person sat at his desk is definitely doing the same job. Proof - not "knowing" or "guessing" or "rumour"! So if someone has told you this, then that person will need to agree to be a witness for you - and presumably they are still employed there and unlikely to want to come to the employers attention. So what evidence could you come up with that is compelling enough to make a case? If you can do that, then a claim is certainly advisable.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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If you are American and in a post which can be filled by an European Union person then that is an unfair dismissal (at least IMHO), they should not 'cherry pick' who they want to go. One month for reduncancy sounds too short, I thought the consultation period was 90 days... I will post back later today because that is a question I can ast when we have our 'at risk' meeting later this afternoon.

 

I am going into a meeting today to find out if my job is staying or going - I suspect it will go but I am not too worried as I have other things to work on, much more pleasurable and I won't have to get up at 6am in the mornings and be out by 7...

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If you are American and in a post which can be filled by an European Union person then that is an unfair dismissal (at least IMHO), they should not 'cherry pick' who they want to go. One month for reduncancy sounds too short, I thought the consultation period was 90 days... I will post back later today because that is a question I can ast when we have our 'at risk' meeting later this afternoon.

 

I am going into a meeting today to find out if my job is staying or going - I suspect it will go but I am not too worried as I have other things to work on, much more pleasurable and I won't have to get up at 6am in the mornings and be out by 7...

 

Whether there is a statutory consultation period depends on the number of redundancies - this is one redundancy so there isn't. There is no evidence that this person is American (they said the company is American) - and the rest of this is simply wrong! If someone has the right to work in this country and has a job, then they cannot be dismissed because of their ethnic origin - that is race discrimination and unlawful. Origin from the European union is irrelevant to anything there.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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OK to answer some items raised.... I am English and was working for an American company. Accompanied by almost 200 other colleagues redundancy was my fate, and as far as I know they fulfilled all required legal elements - notifying DWP/government, consultation group of staff to represent (?) the colleagues (ha ha ha ha ha ha....what a crock!) and all that stuff.

 

I can indeed provide positive evidence to confirm the person is doing my job and performing exactly the same function no problem. In fact there was so much work we were overrun and the company had to hire 4 contractors in total! In short more than doubled available workforce/resource to fulfil this function. So this confounds the element that there is actually the work to sustain the job function....or why it was made redundant.

I understood employers are required to provide evidence to refute any reasonable allegations - I am being unfairly dismissed after all!!

 

Finally point taken regarding employee coming forward to provide evidence as an employee - I can count on 3 persons to coroborate this fact.....they can and will sign something and surely be able to register their confirmation via an independant means to maintain their anonimity. Just the very knowledge that this is a very real prospect should show them I am playing for keeps here and pulling no punches

Edited by debtdebtdebt
grammar

Season greetings at Christmas & Happy New Year to all!

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OK to answer some items raised.... I am English and was working for an American company. Accompanied by almost 200 other colleagues redundancy was my fate, and as far as I know they fulfilled all required legal elements - notifying DWP/government, consultation group of staff to represent (?) the colleagues (ha ha ha ha ha ha....what a crock!) and all that stuff.

 

I can indeed provide positive evidence to confirm the person is doing my job and performing exactly the same function no problem. In fact there was so much work we were overrun and the company had to hire 4 contractors in total! In short more than doubled available workforce/resource to fulfil this function. So this confounds the element that there is actually the work to sustain the job function....or why it was made redundant.

I understood employers are required to provide evidence to refute any reasonable allegations - I am being unfairly dismissed after all!!

 

Finally point taken regarding employee coming forward to provide evidence as an employee - I can count on 3 persons to coroborate this fact.....they can and will sign something and surely be able to register their confirmation via an independant means to maintain their anonimity. Just the very knowledge that this is a very real prospect should show them I am playing for keeps here and pulling no punches

 

Afraid not on the last part, there is no right to anonymity in employment law. They either give witness statements and agree to appear or their statements are totally disregarded. This is actually the norm in British law anyway - anonymity is rare and only permitted in very special circumstances - none of which will ever apply to employment law. If you can evidence what you say without this, then you may well have a case. But you need to be aware that simply proving the work still exists is not sufficient - you must show that either and unfair dismissal applies or that a TUPE should have applied. Whilst you are correct that the burden of proof is on the employer, in reality it makes very little difference if you cannot "crack their story" (and they will have one, they always do), and that is what your evidence must do.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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I see where you are coming from.....it is unfortunate if we have to come down to the evidence part but I am certain if I have a compelling enough argeument it shows a good reason to challenge the decision.

Employer responded to my original statement of the facts and my grevience so I know on what points they will make thier case.

In addition I also have the HR (puppet) department on my side too, they are a bunch of novices who stomp around all day hiding behind voicemail and email......its clear the americans work the strings they just have to find a way to apply it in a convincing manner.

I am personally aware of several running cases challenging the legitimacy of their actions. A significant and well developed attitude to pushing their luck and evidently well known to the EAT.

 

I look forward to putting my case forward....

Season greetings at Christmas & Happy New Year to all!

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