unfair redundancy?

[Cathryn M]

Hi everyone

I'd appreciate your views on this. I've just completed a project management contract of just over two years and as usual I've been through the redundancy process at the end. However, we've just heard that we have new funding to run phase 2 of the Project and my post has been retained, at a higher salary. I am not due to finish work until next Wednesday but the funding decision is being finalised this week. I've received my redundancy offer and the process has been followed to the letter. I have been invited to apply for the same role in the second phase of the Project that starts in about a month's time. Feels pretty unfair to me - it's the same job. Surely they should be waiving my redundancy and asking me to start back at work in a month's time? I should add that I have been unanimously accepted as having done a great job by the funder, partners and my organisation. Would I be successful at a tribunal for unfair dismissal?

[ULA]

Was the contract you have just completed for a fixed term or due to expire on the completion of the project?

If you had been on a permanent contract then effectively if there was another suitable position available then the company would be required to offer this to you and you would be able to consider it or not. If it was a consideration then you could have a trial period of up to four weeks in the role before deciding whether to accept or not. However the alternative position would need to be immediately available or be offered within 4 weeks of the old job ending.

I am wondering if the company have dealt with it this way because they are still waiting the funding decision and the timescale for it starting is as yet undetermined and may not be within the 4 week period. Effectively there is a break between the two projects which could amount to a period of more than 4 weeks. In addition you could decide that you want to take a contract elsewhere as you are not a permanent employee of the business and are free to consider contracts elsewhere.

It could be that if the funding and start date is confirmed before your leave date of next Wed you could request that you consider the role to be a suitable alternative and if the start is within 4 weeks they waive your redundancy and start you in the next phase of the project.