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Make to move to a different role but contractors remain in old role

3 replies

fitzy73 · 03/04/2019 14:56

So the situation is as follows:

There were 10 people in my team doing the same work in Role A.

Role A is a well established IT profession.

7 of the team were permanent, 3 were contractors.

In May 2018, my company announced that it no longer needed the 7 permanent employees in Role A. The roles was made redundant.

The company said it needed 3 people to do Role B. (Role B is not a recognised industry role but a made up bullshit "agile" job).

The 7 permanent staff were job matched to role B. We all had to attend interviews and the final 3 were selected. To be honest 4 people were happy to take redundancy so it was pretty much self selection.

The 3 contractor staff in Role A were told their contracts would be extended for 3 months.

Update to today, and the 3 contract staff have remained in post, having had their contracts extended 3 times. Further, another contractor has been added to the team and starts next week.

Is this legal?

OP posts:
flowery · 03/04/2019 15:47

When it actually happened, the people who were made redundant could have argued that it was not a genuine redundancy, as there was still a need for the role, and the contractors could have been let go. But nearly a year later it's too late for any of those people to claim unfair dismissal now. The fact that a new contractor has been brought in now is irrelevant. Business needs can change in 11 months, clearly, and if they didn't need more than 3 nearly a year ago, it's entirely conceivable that they do now. It doesn't mean they have to offer new vacancies to previously-redundant ex employees.

Did the company say the contractors were only staying for a set period and has now in fact renewed them longer than it claimed it would?

fitzy73 · 03/04/2019 19:22

There was a lot of arguement that it wasn't a genuine redundancy. We were told that the contractors would be leaving within a few months.

I get that those who left have no redress. My question is what redress I have. My new role is a makey up role and I either want my old role back or to be made redundant.

OP posts:
flowery · 03/04/2019 20:06

You have no redress at all I’m afraid. If they recruit to your old role you can apply, but it doesn’t sound like you are redundant in any way,

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