Recently redundant, now find out my old role has been filled.

[sutty1]

Hello all, my younger brother was made redundant 8 weeks ago as part of a large redundancy.mthey followed all the procedures correctly (although the re-deployment offer was for a different job all together, different for his role and driving for which he has no licence). However 8 weeks on he has found out that a colleague that was made redundant from his (different to my brothers) role is now doing my brothers old role; and they have employed an external employee to do my brothers replacements old role.

I know this is slightly confusing, but does he have any rights to appeal, he would rather have his job back then anything else.

Thanks in advance all.

[honeybee13]

Hello there.

 

I hope the guys ill be here over the course of the day, please bear with us.

 

In case it's relevant, how long did he work there please?

 

My best, HB

[Conniff]

As it is the job that becomes redundant and not the employee, then yes he could write and ask why. It may not be that easy however, a change in the contract can mean that even thought a job can appear the same, there can be some differences made to thwart any claim against unfare dismissal.

[sutty1]

Hello there.

 

I hope the guys ill be here over the course of the day, please bear with us.

 

In case it's relevant, how long did he work there please?

 

My best, HB

He was there for about 6 years, and worked a variety of roles. They eventually trained him up to a semi skilled role, which I believe has now been filled.

Thanks

[sutty1]

As it is the job that becomes redundant and not the employee, then yes he could write and ask why. It may not be that easy however, a change in the contract can mean that even thought a job can appear the same, there can be some differences made to thwart any claim against unfare dismissal.

 

The guy who has the role, was the one who informed him as he is a good work friend. The guy (who I assume is at risk of losing the job), said it is exactly the same job and doesn't understand by he was moved and someone external brought in to fill his role and why my brother wasn't contacted to go back.

[sutty1]

Does anybody have any advice as to how I pursue this for him? Thanks

[becky2585]

The problem you have is that you want him to be reinstated - almost never happens! In some ways, it's made easier for the litigious people who just want compensation....

 

The best thing to do is submit an unfair dismissal claim in the employment tribunal and highlight the circumstances on the claim form. There's a box to tick for the outcome the claimant wants - one of which is reinstatement or reengagement. But do it soon - there's a three month (less one day) time limit, so he's already starting to cut it fine!

[Conniff]

It's exactly as Becky has said. It would help his cause if his good friend would put what he has said down on paper and sign it. That might not be as forthcoming as would be liked because if the company have sneaky ways to get rid of staff then he might just find himself out of a job as well so might not like to repeat it.

 

If it is reinstatement he would like, then the threat of going to tribunal might give them a change of heart as it costs a lot win or lose.

You must also consider that your brother could be slightly embarrassed and not be telling the full story.