We get many calls from clients who have been made redundant, only to find their employer is recruiting, or has recruited, new staff soon after they have left. This is always a difficult situation and there are many “Google Myths” suggesting there is a fixed period of time when an employer can recruit after redundancies. This is simply not true. If you have been made redundant and your employer has recruited new staff, read on to see if you have a claim.
As a starting point, I set out below a brief overview of redundancy.
Essentially, where an employer is considering making redundancies, they must establish that:
- redundancy is the real reason for the dismissal; and,
- they have acted reasonably, in all the circumstances of the case, in dismissing their employee for redundancy.
The reasonableness of the employer will be considered in the context of the procedures used to select the employee being made redundant. Other blogs and pages on our website deal with redundancy, consultation and selection procedures for example https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/
This post deals with the particular issue of whether the employee being made redundant should have been offered another position with their employer.
Suitable Alternative Employment
Essentially, where an employee is being made redundant, the employer is obliged to consider and offer any available suitable alternative posts they have which would avoid the employee’s redundancy. What is suitable alternative employment will depend upon the nature of the available post and the qualification and skills of the employee being made redundant. However, if the employee could undertake the role or, could undertake the role with some training, then the vacant position should be offered to them.
What If You Don’t Find Out About The Vacancy Until After You Have Been Made Redundant?
For clients in this situation, I start be asking them to work out the timings and estimates (as best they can):-
- Set out the dates when the redundancy consultations started and the various meetings took place;
- Check your notes about what, if any, information your employer gave to you about suitable alternative vacancies. Particularly, did you state you would be happy to transfer to any suitable position? Did they say they had no vacancies or that they had no vacancies suitable for you?
- Work out your notice dates and last day of employment. If you received a lump sum payment in lieu of notice, factor this in. What would have been your last day at work if you had worked your notice?
- Identify (or estimate if you don’t have all the information) when your employer began recruiting for the position you believe should have been offered to you; and,
- If you can, apply! This will force your employer to consider your application.
It sometimes requires a little guesswork. However, if a vacancy is being advertised within a few months of your last day of employment (or what would have been your last day if you hadn’t received a lump sum payment in lieu of notice) then it is a reasonable assumption that your employer was aware of the vacancy or that a position was likely to become available at the time you were made redundant.
Employment Tribunal Claim: Unfair Dismissal
If any of the above situation applies to you, you may have a claim of unfair dismissal at the Employment Tribunal. However, you will need to act quickly as the Employment Tribunal have very strict time limits. More information can be found at our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
Lincs Law Employment Solicitors Can Help
If you would like some assistance with your situation, please contact us for a free no obligation consultation with a fully qualified Employment Solicitor. Simply use the contact form, engage in a web chat, email firstname.lastname@example.org or call us on 01522 440512 and we’ll be happy to help.
Alternatively, for more information about redundancy, please visit our website at https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/
Specialist Employment Solicitor
Lincs Law Employment Solicitors