Is this actually allowed under UK employment law?

[WTFudgicals]

Hello All,

A first time post for me in this forum so 'Hi everyone!'

I came across this forum as I have a scenario where it doesn't quite make sense to me. in mid-Q1 this year, I was made redundant by my employer, they cited a justification of not needing to resource in the UK and instead the role will be moved to India. After many months and having officially left near end of Q2, I've come to learn that they didn't do this. Our original structure was 2 people (myself and my colleague who was effectively in charge in all but name) and a manager (who didn't do anything but 'managed' us - literally). Once I left the company, I found out that they switched the managers about (another resource in the same dept became manager, which also in all but name demoted by colleague into the same capacity I had). My position was then 'filled' by a part-time employee. All of these movements are of the same grade and in the same location of London....

My limited understanding of redundancy rules in the UK was that the employer cannot replace you with a direct equivalent in the same location (or words similar to that effect)? Does the above seem legitimate? Ultimately, I as well as everyone knew it was politically motivated and targeted - what has transpired shows as much. Ever since I heard about this, it's made me wonder; IS that actually fine in the eyes of the law?

Thanks all in advance!

[ULA]

The simple answer is yes, your ex-employer can recruit after making a position redundant. 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.

However, they do need to take safeguards to avoid the risk of an unfair dismissal claim made for which they would need to show:

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

By law, for a redundancy to be deemed ‘genuine’, it must be on the grounds of either business closure or relocation, or so as to lower costs.

If you do not believe that your ex-employer could meet those criteria and you are within the time limit for making a claim then you may be able to make a claim.

My other question is how long were you employed there as you need to have been employed there for a minimum of 2 years to make a claim.

[atticus]

Just to add, the time limit for bringing a Tribunal claim for unfair dismissal is 3 months from the effective date of termination. You say this was mid Q1 which suggests more than 3 months ago.

ULA asks the second question because there is a qualifying period of 2 years employment.

[ULA]

atticus from the post it looks like the OP actually left at end of Q2 so end of June, which means I believe they should be in the time limit if they have the 2 years service

[atticus]

Sorry - yes, OP may be within the 3 months.