Job taken after redundancy
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surveyor_101

Original Poster:

5,069 posts

208 months

Friday 31st July 2020
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Just wondered if anyone could advise me on redundancy and my job being refilled after I left.

I was made redundant in Feb and again in June 20.

The role in Feb had ended up being a split role after another surveyor left and it was clear that the second role still needed someone however my line manager was pushed and his replacement was in post was a freelancer. This freelancer as supposed to be gone in March and they had brought in a new permanent managers with less experience than me who seemed an odd choice.

The FL Manager had offered me unofficially a role on the Second contract In August, I emailed him some queries on this and clarified the offered but that never responded to. He had said that was his preference as he felt I was better off on that contract.

In mid Nov 19 I entered redundancy consultation with the same freelance manager. This was after I went to conference with the Chief Executive who told me what a great company it was etc. Literally I was leaving the car park of the country hotel and told to wait at an office to see my boss later.

It was badly run with a freelance hr person and the freelance manager. It was badly done from the get go and they struggle to follow group HR policy, I documented how they failed to follow it but the HR lady would try and derail this consultations by claiming I was being aggressive when I would run through what the policy said and what they had failed to follow.

I did an alternative structure and business plan, but was told that didn’t align with the companies revised objectives, when I asked to see there plan/objectives so I can amended my proposal I was told they would not be releasing it to me as they didn’t have to.

My key issue is that after saying they would pull out from the second contract from surveying support I found out today the freelance manager is working at my level on this contract full time.

This guy wrote me a glowing reference but my second job was pulled due to COVID and I was replacing a freelancer outside IR35 which was suspended from introduction in April 2020.

Do I have grounds for unfair dismissal.





anonymous-user

83 months

Friday 31st July 2020
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How long were you employed by this company?

surveyor_101

Original Poster:

5,069 posts

208 months

Friday 31st July 2020
quotequote all
REALIST123 said:
How long were you employed by this company?
12 months

PrinceRupert

11,631 posts

114 months

Friday 31st July 2020
quotequote all
surveyor_101 said:
12 months
Less than two years, dont need a reason to dismiss, dont have to follow a fair redundancy process.

parabolica

7,010 posts

213 months

Friday 31st July 2020
quotequote all
PrinceRupert said:
surveyor_101 said:
12 months
Less than two years, dont need a reason to dismiss, dont have to follow a fair redundancy process.
Yes, they do.

OP sounds like you're better off out of it to be honest.

BertBert

21,257 posts

240 months

Saturday 1st August 2020
quotequote all
parabolica said:
PrinceRupert said:
surveyor_101 said:
12 months
Less than two years, dont need a reason to dismiss, dont have to follow a fair redundancy process.
Yes, they do.

OP sounds like you're better off out of it to be honest.
It's a bit of a moot point as they didn't have to follow a fair redundancy process, but a proper termination process. So an argument about who is doing the work now won't get the OP anywhere. So unless there's a breach of contract or some discrimination then there's nothing to fight for.

Countdown

49,372 posts

225 months

Saturday 1st August 2020
quotequote all
surveyor_101 said:
My key issue is that after saying they would pull out from the second contract from surveying support I found out today the freelance manager is working at my level on this contract full time.
So effectively they took work that you should have been doing and gave it to your boss?

surveyor_101

Original Poster:

5,069 posts

208 months

Saturday 1st August 2020
quotequote all
Countdown said:
So effectively they took work that you should have been doing and gave it to your boss?
They didn’t follow their own redundancy process that is documented.

I didnt challenge it within 28days.

The second role is on a joint venture and it was supposed to be taken on by the other side. I worked for company a

They had already lost a surveyor who worked with me they got a new one and sacked him two weeks in (company b) during redundancy b said they didn't want me to go as they had no plans to take over. Company a said b was taking it on so accounts differed.

The new manager who came in did a handover for doing the payment claim After redundancy was set I had a 1 week handover.

Also the manager who came in was rejected by the client as is their right under the contract but company b seem to have just skated over that.

The temp manager who did my redundancy, has ended up traveling from Yorkshire to Devon to do the job.

I am just very frustrated as I went from being promoted to being made redundant. They made a fuss when I landed at a competitor, I moved off that and onto nuclear which I was made redundant from in June, it left me unable to furlough and jobless