Any chance of fighting this one? I guess not?

[ILLogic]

My employer has informed me that it no longer wants to carry on operating the area of business that I work in. There are only two employees who work in this particular area ? me and my colleague - and we have both been provisionally selected for redundancy. The reason given by my employer for ceasing to carry on this area of the business is illogical as my product is completely aligned with the stated aims of the business (in both its current state and in its reorganized state). Does this mean that I have a case for unfair dismissal? Have I been unfairly selected? Please note that I started employment in September, 2008.

Two things. Firstly your employer's reasons for not carrying on an area of business are irrelevant. It's the fact that the area of business won't carry on that is important. If that particular area of business is ending, regardless of whether you personally think it should or not, then that's not unfair. Employers often make decisions that people disagree with or think are illogical I'm afraid!

Secondly, as you have been there only a couple of months, you can't claim unfair dismissal anyway. So even if your employer fully intended to carry on that area of business, and just wanted someone else to do it, that would be fine. Your employer doesn't even have to make you 'redundant', at this early stage they could just dismiss you with no reason given.

I'm sure that's not what you wanted to hear, and I'm sorry you are finding yourself in this situation.

many thanks. It's a bit more complicated as I think that there is a case for harrassment. Does it matter if I make that claim after they put me in consultation?

Also, some (provable) assurances were made at interviews/time of recruitment. Why doesn't the doctrine of promissory estoppel help me? What is this business about me only being able to use it for defence and not as a "sword"?

No that doesn't matter. If it's sexual harassment where you are protected by sex discrimination legislation, or something similar where there is discrimination involved, you can bring a claim regardless of how long you have worked there.

However there is a short timescale after the event or series of events has happened, so if something has happened you should start the process as soon as possible, first by raising a grievance using the company's grievance procedure.

What kind of assurances? Your employment rights are extremely limited this early in your employment.

I have been put on consultation but have never raised the issue of systematic harassment. The getting rid of me is the final blow. Does it weaken my case that I never complained. The harrassment is not sexual. I am an ethnic minority but it may be difficult to provide racial discrimination but harrassment seems clearer and less disputable.

Assurances that they were committed to the business and would pay a certain amount of bonus early next year providing i was still an employee! So harrassing and getting rid of me was easy way once they changed their mind.

The trouble is unless it's harassment protected by discrimination legislation, the only legal claim you have in employment terms would be constructive dismissal because your treatment was such that you felt forced to resign. However you can't claim that having been there such a short time.

Assurances of commitment and financial intentions that then alter at a later date aren't uncommon in employment as I'm sure you appreciate. I'm not going to advise you on the promissory estoppel stuff - I had to google that myself. I'm not a lawyer and can only advise in my own area of expertise which is obviously employment law but I would be surprised if there is anything you could claim or would be worth claiming if I'm honest.

It sounds as though you were not treated well but I think in this case your only real option is to walk away, try and negotiate a decent reference and move on.

thanks. Just doesn't seem fair but thanks