Made redundant, employer recruited my replacement with identical job descriptions

[Lynseyclaire1982]

Hi, I am hoping someone can give me some advice on my legal position. I have gone through the ACAS early conciliation process (to no avail) and have my preliminary hearing for my unfair dismissal case in February. I am not sure how far to pursue my case given that I will need to pay a further £950 to take me case to court.

Basically after working at a company for 10 years, I was made redundant, only for my role to be readvertised externally (and filled) with an identical job description (word for word) the week after I was given my notice of redundancy.

After going through a selection process, they said I wasn't offered the job as I didn't score above the 'benchmark' score. I believe they deliberately didn't score me high enough in order to guarantee I wasn't offered the role.

(restructure info: 5 business Analysts, only 3 positions available. All of us had to interview, only 1 person out of 5 met the benchmark, 4 of us were made redundant, the other 2 positions were readvertised and subsequently filled through agencies. The other 3 individuals missed their deadlines for starting a claim)

I believe that I have a strong case for unfair dismissal, however, my main concerns are as follows:

1) What financial compensation can I claim for? I started a new job immediately afterwards at a higher salary, so no loss there. But the job I was made redundant from was part time (3 days per week) and the only job I was able to find was full time (5 days per week) and I am trying to claim the additional childcare costs (for my 3 young children) that I have had to incur as result. So I am not sure how the judge will view my losses? Will he/she decide that overall I am not financially worse off or will they ignore my increase in salary and allow me to claim for the additional childcare costs?

2) The response from my employer during the Acas process was that the reason I was made redundant was basically because I didn't try hard in the interview. They refer to the fact that after I had been advised that I was unsuccessful, I said that I wouldnt have been happy in the role anyway, which I did say to a certain extent, but only to save face as the decision had already been made and they are trying to twist my words and use them against me. Can they do this? (Note: I didn't appeal the decision as I was still attempting to find suitable alternative roles within the company and didn't want to affect my chances by being seen as a 'trouble maker').

Any advice would be greatly appreciated,

Thanks,

Lynsey

[teaboy2]

Re: Made redundant, employer recruited my replacement with identical job descriptions

I wouldn't worry to much about money you can claim for, in regards finanical loss, as the point is any money awarded is for compensation for the act of unfair dismissal, the distress it caused you and your family etc. Yes you were lucky to get another job, but you have suffered at the expense of time with your family (personal distress) and increased childcare costs, deduction of working tax credits (if you were eligible previously for them), deduction in any housing benefits or council tax benefits meaning more expense each month for you. So include all that!

One thing am not clear on is what the benchmarks were and how, despite doing the same job for 10 years you didn't match the required benchmarks. If the job hasn't changed at all then why have the benchmarks! They can't make you redundant just because they want to increase the benchmarks/requirements/qualifications for the exact role you fill!

Also you may be able to add the others as joint claiments though this is usually done when your writing the claim form, and as your at hearing stage, you may need to seek the tribunals permission, if your colleagues are willing to be part of the claim!

You should also have a read through this as it may help answer any questions you may have at later dates - https://www.gov.uk/government/upload...dure-rules.pdf

[Lynseyclaire1982]

Re: Made redundant, employer recruited my replacement with identical job descriptions

Thanks for the response, they say that the benchmark score was to ensure the right people get the job. They are going to argue that the job had changed but they didn't get around to updating the job descriptions, but that throughout the process they made it clear that the jobs would be taking on more 'business partnering' as part of the the role.

To be honest, I dont think the others can be bothered to claim now as they have found other jobs and would prefer to forget the whole experience.

I guess my main worry is that they will try to argue that I wanted to be made redundant and that's why I didn't perform well in the interview. This is what is what they implied in their response, but I think I'll just explain that I may have said that but only after I had been told I was to be made redundant and didn't want to lose face, since I had already been told the decision, i didn't think it would make a difference.

Thanks,

Lynsey

[teaboy2]

Re: Made redundant, employer recruited my replacement with identical job descriptions

I guess my main worry is that they will try to argue that I wanted to be made redundant and that's why I didn't perform well in the interview. This is what is what they implied in their response, but I think I'll just explain that I may have said that but only after I had been told I was to be made redundant and didn't want to lose face, since I had already been told the decision, i didn't think it would make a difference.

Thanks,

Lynsey

Ok i wouldn't worry at all about the issue in regards to what you said. As you say, you'd already been told you hadn't got the job, so any attempt for them to tie in what you said with their suggestion you didn't try hard enough in the interview would be irrelevant, but more to the put, an opinion based not supported by any evidence. Opinions do not amount to factual acts or representation of events! The fact you were doing the job for 10 years makes it clear your comment was in anger, as why would you have been doing a job for 10 years if you truelly hated it. SO your 10 years service is evidence that would throw out any such argument, not to mention the fact it is they who commenced the redundancy procedures not yourself, as you were quite happy in your job for those 10 years! That is how a tribunal judge would likely see it too.

The benchmark score, what were the scores based on and what, if any, reasoning were you given as to why, you where good enough to do the job for the last 10 years but now non longer deemed good enough!

Also was alternative position offered? Offering you your own position doesn't apply in regards to being a suitable alternative! Its also worth pointing out that when people are made redundant it is the position itself that is made redundant, not the person. So fact they still have the position makes your redundancy all the more questionable! Though fact they were 5 of you originally and only 3 positions after restructure, may go in their favour as clearly 2 positions were made redundant out of the original 5. But then why were 4 of you made redundant if they should have only made 2 people redundant to match the number of positions redundant! It seems 2 positions made redundant yet four of you lost your jobs when it should have only been 2 regardless of benchmarks.

I am assuming benchmarks is based on performance, absences etc?

Basically what they should have done, is informed all 5 that they may be at risk of redundancy, carried out a selection process and the worse two performers on the becnhmark results should have been the only two people selected for redundancy and the other 3 kept in their current positions. The 2 selected for redundancy should have then been offered alternative positions in the company, if any were avaliable that were suitable!

[Lynseyclaire1982]

Re: Made redundant, employer recruited my replacement with identical job descriptions

Thank you for your response. This is what I was thinking myself, but it's good to know I was on the right track.

I think I will take it to the employment tribunal, it's just daunting with there being a further £900 to pay.

Thanks again,

Lynsey