Redundancy

[ufish831]

I recently had my contract terminated after working 3 years 2 months. The post of Project Manager was made redundant and a new post of Property Manager was created and subsequently filled by someone else. I asked when I would be paid redundancy payment but have been told that they do view my position has being made redundant as my duties have transferred over to the new post.
My understanding is that it is the Post that has been made redundandant and therefore I have been made redundant and am entitled to a redundancy payment regardless whether some or all of my duties have been transferred over. Am I correct in my assumption?

[ULA]

You say you had your contract terminated, where you on a permanent contract?

Did you hold the post of Project Manager?

Were you asked to apply for the new position that was created?

[ufish831]

Hi, yes I was on a full time permanent contract and my job title was project manager.
On 24th March my line manager phoned saying the owner of the company wanted to terminate my contract. On 28th March I was sent formal letter terminating my contract and was served 4 weeks notice as per my contract with my final date being 30th April.
I was given no reason other than the owner had wanted this carried out sometime previous and I was offered no consultation or alternative job.
A new post of Property Manager was created and another person was appointed. He commenced his employment while I was working my notice period. I was not offered the post.
I wrote to the company 5 or 6 times asking when I would receive my redundancy payment and some outstanding expenses. These were all ignored.
I tried early conciliation via ACAS to no avail, there reasoning was that they do not view it as redundancy as the new employee is carrying on with some of my duties.
Thanks
Ian

[ULA]

I think that you do have the basis of a claim. By terminating your employment without due process given your length of service, there is a claim for unfair dismissal. You have 3 months less a day from your termination date of 30 April so if you are going to proceed with a claim you will need to complete an ET1 form quite quickly.

[ufish831]

I think that you do have the basis of a claim. By terminating your employment without due process given your length of service, there is a claim for unfair dismissal. You have 3 months less a day from your termination date of 30 April so if you are going to proceed with a claim you will need to complete an ET1 form quite quickly.

Thanks, it is more the redundancy payment opposed to the unfair dismissal claim I am going to pursue. I've just been trying to ascertain that if it is the post that has been made redundant then I am entitled to a redundancy payment regardless if my duties passed to the new post?

Thanks

[ULA]

To clarify you can claim for unfair dismissal on the basis that a fair procedure was not followed and if any claim was successful you might be entitled to an award for unfair dismissal and a redundancy payment if it was deemed to be a redundancy.

One reason for a redundancy occurring which applies to your situation is where the employer no longer has a need for work of a particular type, in this case the role as project manager.