I've been made redundant today :(

(22 Posts)
Aryam Wed 14-Nov-18 16:20:33

Please mn-ters I need a hand hold and cake. Today I have been handed over my redundancy letter.
I have been working for this company for 5 years, been in maternity leave for 7 months and from July '18 working part-time(3 full days). Ok I get it they want to cut costs but in July another person (with NO FUCKING experience in this area of business)started in the office and both of us are doing the same thing. I am dismissed but she stays? How fair is that?angry.
This dismissal came after one of my projects has gone a little side ways and not a happy client.
What do I do now?

OP’s posts: |
countrybunny Wed 14-Nov-18 16:25:35

I'm so sorry, that sounds absolutely shit. Speak to ACAS and check they've followed processes correctly would br my first step. Was there a consultation?

Aryam Wed 14-Nov-18 16:38:49

No consultation. Just "Please Aryam come upstairs" and " I am sorry to do this but....." and handed over the letter and the usual speech that the company needs to cut costs and my post is no longer needed.

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Alfie190 Wed 14-Nov-18 16:41:51

Impossible to say whether it was fair or not. You being there longer does not make it unfair by itself. I would ask your boss or HR to explain how they selected you for redundancy versus the other person. Ideally they should have had a process where they identified a number of factors and then assess you both against those factors.

BewareOfDragons Wed 14-Nov-18 16:43:25

If you're doing the exact same job, don't they have to give you both notice that your jobs are at risk first ... go through the proper procedures ... and then decide whose job goes?

Contact someone for legal advice if they didn't go through the proper procedures!

Alfie190 Wed 14-Nov-18 16:47:50

I have just read your second post about no consultation. There is no need for consultation if there is only one person being made redundant who is in a unique role. As there are two of you doing the same job, you both should have got an at risk of redundancy letter whilst they decided between the two of you. Is the other person also part time?

Aryam Wed 14-Nov-18 20:26:48

The other person is full time

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Aryam Wed 14-Nov-18 21:46:50

And to add insult to injury, I have found a job advert for the positioned that I have been dismissed from posted 2 days ago onlineangry

OP’s posts: |
ListenLinda Wed 14-Nov-18 21:51:54

You definately need to speak to your HR department if your job is being advertised, after telling you it’s obsolete?

Something a bit stinky there.

Happygolucky009 Wed 14-Nov-18 22:01:23

Sorry flowers

I have made redundant several times and in your circumstances, I would be getting legal advice. I think legally they do not have to offer your job back as you have been on maternity longer than 6months. However, they should still be following a process of consultation and an alternative position (subject to availability).

Haffdonga Wed 14-Nov-18 22:14:04

Yes, Speak to ACAS tomorrow. If they are advertising your role it is not redundant.

www.acas.org.uk/index.aspx?articleid=3457

FusionChefGeoff Wed 14-Nov-18 22:19:34

This sounds very wrong I would definitely look to ACAS.

There's also an indirect sex discrimination angle if you were made redundant due to being a part time worker I believe.

oooerrmissus Wed 14-Nov-18 22:25:15

According to Acas you can't be made redundant due to being part time.
This seems odd. I would contact Acas for advice to check your company has followed the law correctly.

Aryam Thu 15-Nov-18 14:25:00

Thank you all for your help
Haffdonga- thank you for the link

OP’s posts: |
BewareOfDragons Thu 15-Nov-18 17:17:56

If they're advertising your role, they're just trying to get rid of you and replace you.

Get legal advice ASAP!

stressedoutpa Thu 15-Nov-18 20:29:41

Screenshot the job online and get your facts straight before you speak to them.

Very annoyed on your behalf! angry

TulipsInbloom1 Thu 15-Nov-18 20:51:24

Is the post they are advertising ft?

JuniperBeer Thu 15-Nov-18 20:53:25

Redundancy happens when there is no longer a need for the role.

It would be called dismissal if it is as a result of a performance/client issue.

What does the letter actually say?

Definitely ring ACAS first thing

prh47bridge Thu 15-Nov-18 20:53:49

If they are advertising your role it is not a genuine redundancy. Even if the job being advertised is a little different, it should have been offered to you. They must offer you any job that is a suitable alternative before they offer it to anyone else. Failure to do so is illegal discrimination.

The fact that one of your projects has problems and an unhappy client adds to the suspicion that this is not a genuine redundancy.

It may be that they plan to talk to you about a settlement agreement. If not, it sounds like you have a case for unfair dismissal and discrimination. You need to consult a solicitor who specialises in employment law. This may be covered by your home insurance if that includes legal cover.

Alfie190 Fri 16-Nov-18 10:21:09

I think because you are part time and the other person is full time, they did not need to consult, because this puts you in a unique role (being part time) and are the only redundancy.

Them advertising your role externally is not on, unless they have also made it full time? I suspect this would be their get out clause if so. Although I think they should have asked you if you wished to go full time or at least told you this is what they would be doing.

It has been handled very badly in my opinion.

prh47bridge Fri 16-Nov-18 10:42:07

I think because you are part time and the other person is full time, they did not need to consult, because this puts you in a unique role (being part time) and are the only redundancy

This is wrong. The employer must always consult with the staff affected, even if it is only one person. They should explain why the redundancy is required and look at any alternatives to redundancy. Also, selecting someone for redundancy because they are part time may be unlawful discrimination. The employer would need to show there is an objective justification for doing this.

flowery Fri 16-Nov-18 10:53:14

"Them advertising your role externally is not on, unless they have also made it full time? I suspect this would be their get out clause if so."

How would that be a 'get out clause'? Redundancy is a diminished need for the role. Recruiting full time to replace a part time role isn't a diminished need for a role.

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