Advice on unfair dismissal
Discussion
Hi all, I'm looking for some employment law advice and whether I have a case for unfair dismissal and is worth trying to claim. I work for a large firm and was told my job (IT specialist) was at risk last May, along with two others in my immediate group all doing similar work, on the basis that the jobs were being moved to India to save money. At the end of the 'at risk' period of a few months we were offered an extension to the 'at risk' period it so instead of being made redundant at that point, we were to be served notice last October. I took the extra months of being at risk and was subsequently served notice and am finally being made redundant next week. I previously contracted here for a few years and went permie at the start of 2015. However, we were being made redundant on the basis that the jobs were going to India and there are contractors still here doing the same jobs and a new one taken on.
I was also told, although not in writing, that I could resign and start contracting here again, but would not get the redundancy so the jobs have obviously not all gone to India, although we have a group over there already. I have another job to go to now and don't want the old job back anyway and am getting a fair bit more than statutory minimum redundancy, £12K or thereabouts for the two years permie so I was looking for views on whether I should pursue this and how much it's likely to cost me or whether on balance I should just let it drop and get on with things. this
As an aside, this is not actually my first post, but have re-registered as my old username was a bit too close to my name and would rather be anonymous for this.
John.
I was also told, although not in writing, that I could resign and start contracting here again, but would not get the redundancy so the jobs have obviously not all gone to India, although we have a group over there already. I have another job to go to now and don't want the old job back anyway and am getting a fair bit more than statutory minimum redundancy, £12K or thereabouts for the two years permie so I was looking for views on whether I should pursue this and how much it's likely to cost me or whether on balance I should just let it drop and get on with things. this
As an aside, this is not actually my first post, but have re-registered as my old username was a bit too close to my name and would rather be anonymous for this.
John.
Not sure of the mechanics but am sure someone else will be along to advise.
Personally speaking, I would take my £12k and move on to the new job. With an immediate start on the new job you have a nice little bonus to invest elsewhere - is it really worth the stress and inconvenience of looking into tribunals etc?
Personally speaking, I would take my £12k and move on to the new job. With an immediate start on the new job you have a nice little bonus to invest elsewhere - is it really worth the stress and inconvenience of looking into tribunals etc?
The odd thing is, given the timings you mention - they could have got rid of you with very little justification (and no redundancy) last year because you'd been there under two years.
Presumably, your notice period means you're now just over the two year boundary so have the additional rights? But if you've got something else it seems an awful lot of hassle to pursue it for very little (if any) likely gain.
Presumably, your notice period means you're now just over the two year boundary so have the additional rights? But if you've got something else it seems an awful lot of hassle to pursue it for very little (if any) likely gain.
Take the money and shut up there to be honest. On paper from what I think you've written, you've done a lot better than most. Assuming everything was explained to you, and if you signed away some of your rights to a claim (and these were explained to you by someone qualified) you likely dont have much to go back to them with that would stand up.
Thanks for the all the replies guys. I just wanted to get opinions to see if I was selling myself short as I thought it was illegal to lay off permanent employees and take on contact staff to do exactly the same job. Regardless though, I'll just take the money and get on with things as it's not worth the hassle of anything more.
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