Cynic Posted July 1, 2011 Share Posted July 1, 2011 Does anyone know the best case scenario if you can prove you were made redundant just to get rid of you rather than because your position was redundant? I assume they can't force them to give you your job back, so is it just a lump sum you get? The best thing would be to make them keep paying your salary until you got another job but I bet that doesn't happen! Also does anybody know how easy it is to prove that you were illegally made redundant. If the person they replace you with has a different job title and does a slightly different role is that enough to get them of the hook? Link to comment Share on other sites More sharing options...
Bulgarian Posted July 1, 2011 Share Posted July 1, 2011 If you leave and they don't replace you with someone in the same position, then the position was redundant. Link to comment Share on other sites More sharing options...
Cynic Posted July 1, 2011 Author Share Posted July 1, 2011 If you leave and they don't replace you with someone in the same position, then the position was redundant. If they make the Deparment Manager redundant and replace them with a Department Supervisor doing the same work is that enough to prove the position was genuinely made redundant. Talking about a small company were there are say only 2 people in the department anyway. Can they do that, then say you were considered for the new role but instead gave it to someone new? Link to comment Share on other sites More sharing options...
upinwath Posted July 1, 2011 Share Posted July 1, 2011 The style of the OP suggests they got rid of him because they thought they didn't need someone like him in their company. Sounds like a grabber out for an excuse to sue someone. Link to comment Share on other sites More sharing options...
willman Posted July 1, 2011 Share Posted July 1, 2011 Point 1 is almost impossible to prove unless you have a statement stating they don't want you. If they have fulfilled their obligations to compare staff etc they almost always select criteria they know they can fail "you" on. Point 2 - IIRC redundancy is always legal, not always morally correct perhaps. Change of name, status, responsibilities makes it another job as far as ACAS etc have been bothered in my experience. We had several sales guys made redundant -1 of the criteria was the ability to use a pc and latest technology. Everybody can use a pc,some are just better.No surprise the guy that wanted rid of hated pc's and was not pc/net savvy. Link to comment Share on other sites More sharing options...
Longcol Posted July 1, 2011 Share Posted July 1, 2011 If the "new" job is substantially the same as your old one (70% is often used as benchmark) then I think you may have a case for unfair dismissal. I take it you're not in a union - probably best going to CAB for some advice. Also have a look here; http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026692 Link to comment Share on other sites More sharing options...
willman Posted July 1, 2011 Share Posted July 1, 2011 Now you have filled in the info - i'm afraid i've had first hand experience of the manager v supervisor roles. They often argue on the grounds that a manager would see it as a demotion(it usually is) so they give the supervisor lesser "powers" allegedly and lower salary. Link to comment Share on other sites More sharing options...
Cynic Posted July 1, 2011 Author Share Posted July 1, 2011 It hasn't happened to me by the way, yet. Just wondering what would happen as I have seen this scenario a lot at my current employer. If you fall out of favour you get made redundant and replaced by someone doing the same job under a different name. It doesn't take much to fall out of favour, even if you are excellent at your job. They have unrealistic expectations. People get moved about the business even if they have specific qualifications and then they wonder why they aren't as good at their new job and make them redundant. Link to comment Share on other sites More sharing options...
Longcol Posted July 1, 2011 Share Posted July 1, 2011 If they make the Deparment Manager redundant and replace them with a Department Supervisor doing the same work is that enough to prove the position was genuinely made redundant. Talking about a small company were there are say only 2 people in the department anyway. Can they do that, then say you were considered for the new role but instead gave it to someone new? Have they done a proper assimilation process? The one on the link follows at ACAS approved process. http://moderngov.barking-dagenham.gov.uk/mgConvert2PDF.aspx?ID=10058 Link to comment Share on other sites More sharing options...
Cynic Posted July 1, 2011 Author Share Posted July 1, 2011 Have they done a proper assimilation process? The one on the link follows at ACAS approved process. http://moderngov.barking-dagenham.gov.uk/mgConvert2PDF.aspx?ID=10058 When it has happened there hasn't been any sort of proper process, they could probably no doubt make it up after the even though and weight it however they wanted. Link to comment Share on other sites More sharing options...
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