employing someone on the same day redundancy announced

[jill333]

I am a teacher in a private school.

On the 1st April the directors came and announced the beginning of a consultation period that may well end up in redundancy for the teaching staff. We were told we would all have to re-apply for our jobs. The cull was from 13.5 teachers to 8.5. We could only apply for a generic teachers post.

In the back ground a colleague has been off for almost a year on work related stress. They have taken on a supply teacher to cover her for most of the year. She is employed through a teaching supply agency and is given a few weeks employment at a time. you know what's coming don't you!!!!

I was made redundant - permanent full time member of staff of four years - statutory redundancy - less that a months wages to walk away with.

On the 1st April they gave the supply teacher a one term temporary contract and invited her to apply for one of the jobs we were all applying for. They DIRECTLY employed her taking her off the books of the third party supply agency ON THE DAY THEY ANNOUNCE TO US ABOUT POSSIBLE REDUNDANCY!!!

I was made redundant - she was told that they wanted to give her a job but had to wait until they had 'sorted out' the colleague on long term sick and then she would have the job - they asked to say this to her off the record when she went into the final meeting to be told our outcomes.

Do I have a case?

I have involved my union NUT but cannot get a straight answer about this.

[jill333]

Re: employing someone on the same day redundancy announced

Any thoughts anyone???

[teaboy2]

Re: employing someone on the same day redundancy announced

Jill, sorry to here about your redundancy. Unfortunately the employer appears to have not done anything wrong, bear in mind agency workers that work more than 12 weeks are entitled to full and same benefits as those on full time contracts - Meaning it would be cheaper to offer her full time employment instead of having to pay the agency - they would also as a result of her being entitled to the same benefits as the rest of you have to offer her the same opportunity to apply for the new positions as well and treat her application no less or no more favorably to anyone else. So that's the likely reason they took on the supply teacher, and maybe even the fact she may have been more experienced and had more qualifications etc. Which would also play apart. Jobs also have to be advertised via outside agencies also and not just to those being made redundant.

However, its important to note that in the legal perspective its not you the employee that's being made redundant but the position you held. Which is why they can not advertise the position you held or give it to anyone else after making your position redundant. So if for example your position was Head of PE, and included teaching PE, managing/organizing inter-school competitions and maintenance of Gym and gym/sport equipment etc. And that position was made redundant. Yet a new position titled Head of PE/English Department, where the same duties under previous Head of PE role was combined with the duties under head of English, then that is a new position and not the same as the redundant position of "head of PE"

So basically the new roles must have different titles and clear differences in duties associated with previous but now redundant roles.

Basically it sounds to me like the school has basically restructured its staffing roles, for economic reasons. But my question to you is are any of the new roles exact or near exact replica's of any of the positions now redundant? and if so, is any of the new positions an exact or near exact replica or what your position was? If yes then tell me the details of the two positions and duties involved etc - If no, then there is nothing that you or anyone else can do.