Way O/T Redundancy Q. Any legal buffs?
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As most of you know, I was made redundant along with 2 other panel beaters from Astons in '08 and did get a very decent package.
The reason for redundancy was they were closing down the panel beating department.
2 weeks after we went, there was and has been ever since, a contract panel beater working there doing all their work.
Also they farm out a lot of body restoration work to another aston specialist.

Im under the impression that if the position is made redundant, then its no longer there - obviously it is still there and someone else is doing it, thats illegal isnt it?

Paul

I seriously doubt it!

i will show lisa this later she does legal stuff in HR

Edited by wolfie on 25th Feb, 2010.

I beleive as you suggest paul, it's the position that is being made redundant not the person, if someone is still doing it it must still exist,
CAB.

WWW.FORCE-RACING.CO.UK PLEASE CLICK HERE

I agree with mr titanium,

I thought they had to wait 6 months befor they could employ some one in the same role.

I seriously doubt it!

It is the case that it's the position that is made redundant and not the person.

Contact law is a nightmare and it made my head hurt when we covered it at college and then I think my head exploded when it was covered at Uni.

If they farm the work out, that's fine (a bit of a slap in the face - IMHO).

The big question is the panel beater that turned up after two weeks. And what contract they have/how similar to yours it is.

I'll have a read over my course material - might even give the lecturer a call and see what she says about.

I'd maybe have a word with your local CAB or if you are/were in a Union have a word with your local Rep.

Edited by MrOz on 25th Feb, 2010.

"se ne estas rompita, ne ripar ĝi - supercharge ĝi."

All they have to do, is show a new company structure in which your original job role does not exist.

But it's perfectly possible for them to structure their organisation to no longer have your original role, but still have someone doing the work that you used to (as long as their job role isn't exactly the same as yours).

Edited by jpboost on 25th Feb, 2010.

Too many projects!

do all Lisa's work in HR ? and sip tea all day

My version isn't keen on tea, but other than that....!

I can cope with not liking tea my friend.

The way I see it a change in company policy from doing the work in house to out sourcing would make the in house positions redundant. I wouldn't take it personally. I've seen more that one person be made redundant on a Friday and turn up for work on the Monday doing the same job as a contractor for more money.

The thing you need to remember is that contractors are a very low risk to the company. Whilst they cost more, this is usually insignificant compared to the 'risk' of retaining and maintaining a full-time employee, especially in an unstable market.



i don't know if you were 'one of them' , but if you were also a union member, and the contractor isn't, this is much more preferable to the employer.

I honestly don't believe you have a legal leg to stand on if contemplating a complaint of any kind - and such an attempted action can often do more bad than good...

Instead - have you considered approaching your former employer and offering your services on a contract basis?

Edited by turbodave16v on 25th Feb, 2010.

I seriously doubt it!

You only get 3 months to file for unfair dismissal if that was your original question.

Go contracting that is what I am doing - you won't look back!

On 5th Sep, 2011 Vegard said:
I stand corrected. You should know

paul as i see it they made you redundant and then filled you position with a CONTRACTER ........ not nice i know

he is a contractor and just that, in there eyes.

see the CAB you never know ..... but i suspect the rats have it in there favour paul good luck buddy

Don't forget one reason companies can't directly replace staff that have left on redundancy is because they may have given the former employee a nice big wedge of cash that no tax is paid on.

with the skill you have why not go in there say ill do his job better than him and you know it, you worked there for so long they know your f*ing good at it they may get rid of him and take you instead :)

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