redundancy

[renorti]

hi all,wanted some advice.Been made redundant.we had 3 hiab crane lorries in work,one lorry was going due to lack of work,so I got made redundant,so i had my 3 weeks notice{worked there 3years}.the lorry got sent away to another branch.
About 2 days before my last day,they brought the lorry back.as they were unable to make deliveries with only 2 remaining lorries.but they did't offer my job back,they placed another person to drive my lorry{this driver was not included in the assessment of which of drivers would be laid off.though he was from the same depot as me.
is this unfair?not sure if I have a case or not,anyone thought's/advice would be appericated thanks

[stevensdrs]

It is not people who are made redundant, it is their job. Therefore, if they have not got rid of your job and have placed someone else in it, you have a strong case. However, given that you were only employed for 3 years, it might not be worth the hassle of a tribunal. You should seek advice, from a union if you were in one or a solicitor familiar with employment law.

[singlecoil]

It sounds like a very clumsy way of getting rid of you, personally, rather than getting rid of the job. Perhaps the other bloke (the one who got your job) would have been more expensive to get rid of? Or some other reason why they wanted to keep him rather than you? You definitely need to get some advice about this, it certainly sounds as if you have a case.

[Engineer1]

Did the replacement driver have additional skills? I only ask as the replacement may be an under utilised Fork lift driver or similar.

[Crafty_]

speak to ACAS www.acas.org.uk

[Slurms]

Crafty_ said:

speak to ACAS www.acas.org.uk

Do this ^^^^^

Fairly sure what they have done is illegal...

[renorti]

thanks everyone. even my work mates reckon, the company has gone about this the wrong way.will get legal advice,nice to hear it from others outside of work.
the driver who went onto my lorry,had no extra qualifications, we both have fork lift licence,i have a hgv class 2{to drive all the lorries},he could only drive up to 7.5t. don't get the wrong idea though,I am not against the guy who is driving my lorry.not at all,I just believe the company made a mistake in the way ,after giving me notice , went on their business needs.
will keep this updated.
thanks again.

[dingg]

it appears you have a very good case to me , you need to decide what you want out of it though, your job back or compensation for the way you have been treated.

good luck , try an employment solicitor (first half hr is free) they will let you know if you definitely have a case, or if you're in a union they would be your first port of call

[Countdown]

Engineer1 said:

Did the replacement driver have additional skills? I only ask as the replacement may be an under utilised Fork lift driver or similar.

I think this is a relevant point.

Has your "replacement" been transferred completely to cover your old job or is he combining it with his normal role? If you both had the same "skill-set" then his post should have been considered in the Redundancy exercise (unless it would have been more expensive to get rid of him).

[renorti]

hi. my replacement driver,has been put to drive the lorry I used to drive.he was asked,by the branch manager,normally when I was on holiday/sick this driver would step up on to my truck.he was also on lower pay rate than myself.and still is on a lower rate now!

Countdown said:

I think this is a relevant point.

Has your "replacement" been transferred completely to cover your old job or is he combining it with his normal role? If you both had the same "skill-set" then his post should have been considered in the Redundancy exercise (unless it would have been more expensive to get rid of him).