Redundancy rights/constructive dismissal advice request

[grm500]

Is there anyone knowledgeable about the above?

My girl friend was ercenntly made redundant from a company after 3 years of service. Her job was as a receptionist answering phones looking after mail and sorting out meeting rooms. Her boss and colleague were also made reduntant although her colleague accepted a role elsewhere in the company.

It is clear that her role needs fulfilling - this is currently happening via a temp who started the second day after she finished with them and other employees within the company.

If the role itself is not acually redundundant, can the company legaly make her reduntant or is this constructive dismissal or in breach of employment regulations in some other way? If so what compensation or redress might she look for?

Any help or advice much appreciated.

Graham

[jamesuk28]

I am no expert on this so wait for the cavalry, I dont think its constructive dismissal my understanding of that is where an employee has no alternative but to leave their position because working conditions have become intolerable.

It may be unfair dismissal and as such I would assume an employment / industrial tribunal would be the next stop.

I am only guessing like I said so wait for somebody to post that actually knows what they are talking about

[bga]

I'm not an HR pro but have been involved in the process from an employers point of view.

It appears that the employer has immediately taken on a replacement for that role which would mean that technically the dismissal of your g/f is not redundancy.

If this is the case (& a couple of hours with a lawyer with employment law experience would prob be useful) then the firm should have an internal appeals procedure which she should go through before tribunal. If both parties have not gone through the proper channels, the chances of success either way are compromised somewhat.

there is loads of info on the ACAS & DTI site, this link may be useful:

www.dti.gov.uk/employment/employment-legislation/employment-guidance/page15686.html#What_redundancy_means

[J_S_G]

Agree with bga. Would check the letter from the company and see if they've used the word "redundancy" or some other term for the reason. If they've immediately replaced her with someone doing that exact same role then, from an amateur point of view (with a bit of experience around wrongful dismissals and redundancies over the past few years), they're not in a good place!

[groomi]

Is the temp actually a contractor? If so, the role may have changed from that of a 'permanent' job to an 'outsourced' job - in which case I think they would be in the clear.