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I was advised my employed position was being filled by a more qualified person and that I was no longer required, however I was offered an alternative role verbally. I had a meeting with my employers and accepted the alternative role in principle, but asked for further information. I 4 days later received a letter of redundancy, stating I had turned down the alternative position. However I have the minutes from the meeting, where I clearly state, "I am not declining the position, I would like more information, do you have a job description.

They now state they subsequently decided I was not suitable for the new position...... so here i am redundant, with 2 weeks short of 2 years employment and no redundancy offer.

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I was advised my employed position was being filled by a more qualified person and that I was no longer required, however I was offered an alternative role verbally. I had a meeting with my employers and accepted the alternative role in principle, but asked for further information. I 4 days later received a letter of redundancy, stating I had turned down the alternative position. However I have the minutes from the meeting, where I clearly state, "I am not declining the position, I would like more information, do you have a job description.

They now state they subsequently decided I was not suitable for the new position...... so here i am redundant, with 2 weeks short of 2 years employment and no redundancy offer.

 

Surely if your position still exists and they just decided they found someone else to do it then they can not make you redundant. Redundancy is about that role no longer being available, this doesn't sound like the case here

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Focussing on the two years thing here...

 

What is the notice period in your contract? 1 month or 1 week or other?

 

If 1 month...

 

Was the 'redundancy' and subsequent alternative offer made after you had been employed for 1 yr 11 months?


CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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Surely if your position still exists and they just decided they found someone else to do it then they can not make you redundant. Redundancy is about that role no longer being available, this doesn't sound like the case here

 

I am a part qualified accountant, training to be qualified. They have recruited a fully qualified accountant that can also do work I was unable to due to my status (I had to use external resources) there hasn't been a cost saving, just brought the position all inhouse. The problem I have is the under 2 years service and whether tribunal would hear my case ???

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yes I was employed 14th Jan 2014 and they gave me 1 month notice on 21st Dec, (as per my contract) however this was pay in lieu of notice, notice which means contractually my employment status ended on 28th Dec, but my pay ends of 17th Jan. As my employment status ends 28th Dec, I am 2 weeks under my 2 years service. I had the meeting regarding the alternative job 15th Dec and then received the redundancy letter 21st Dec. I can file to go to Employment Tribunal even though I have only 1 year 23 months service, but at a cost of £250 and then they could well say no to Employment Tribunal due to the lack of 2 years service, in which case I have lost my £250..... The fact is though I accepted the alternative position, but was made redundant stating I declined it, so surely an Employment Tribunal would see that they rushed the redundancy through to avoid the 2 years.

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Guest topcat14

PILON does not normally extend the contract date. PILON is paid because the Employer wants to bring a contract to a close at a particular point, and would be effective from the date it was communicated. The pay is paid to remedy a financial loss for the notice period as shown in the T & C's .

 

You would not be entitled to Redundancy pay as you have less than 2 years of service, that is set in law, so you are not redundant in the "true" sense of the word.

 

Your ET claim would be based on a job offer verbally communicated and therefore would become a "he said, she said" scenario. I think realistically you should focus on trying to find other employment.

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My redundancy letter states he offered me alternative employment and I declined it. The minutes contradict this, as I did not decline the new role, I asked for further information and a trial.

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as you have been there less than 2 years they can say you have been dismissed for causing the extinction of the dinosaurs and it wont make any difference. Unless you can prove dismissal was for one of discrimination you are stuffed. It may be better to leave with being made redundant as the reason on your CV as you arent getting your job back. Years ago most companies wanted to be seen as good employers, very few do these days as they lose out to competitors in the race to the bottom as far as employment terms and conditions goes

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