My employer made me redundant and advertise my job

[yimipeich]

Hi,

I have been working for my employer for more than 2 years.

My employer made me redundant and my contract ended in Januaty, they say that the role will no longer exists due to the COVID. Las week i saw the same role advertise on both the career website of my former company and Linkedin. I called Acas and they told me that thats unfair dismissal.

I have sent an email to the company to inform them.

Do you know if I can win the case? How much money can I get from the employer?

I heard also that if i win the case my employer has to pay me a compensation of the salary lost until i get a new job, do you know if that is correct?

[ULA]

Although ACAS has said that is unfair dismissal it may in fact not be. Once employment has been terminated by reason of redundancy, employers are not subject to any legally-imposed time period before which they can hire again for the redundant role. They can avoid the risk of an unfair dismissal claim being made if they can show the following:

• the original redundancy was genuine and not simply an exercise in ‘getting rid’ of people;
• the redundancy was unavoidable at the time; and
• the financial prospects of the business have changed to such an extent that they now need to recruit new workers.

So, given that background and not knowing what the company may say in terms of any changed business situation, it is difficult to say whether you would win any case.

If you were to win your case then compensation is split into the Basic Award which is calculated by taking your age, years of service and average weekly pay (currently capped at £538) and the Compensatory Award takes account of loss of wages, future loss of wages, loss of any benefits, pension and employment rights.