is this unfair?

[badbrian]

I was told a while ago my role was being made redundant. As i was with the company under one yr i didn't sweat it because I figured they could get rid of me anyhow without any great difficulty.

Anyway, I had another meeting one day before I was with the co one year and it was again confirmed my role was being made redundant but i could apply for "another" role. The spec of this role was remarkably similar to what I was already doing.

At the third meeting I was asked would I be interested in this "other" role. I said yes i was happy with the company and wished to be considered for it.

Barely had these words left my mouth and I was told the job I was applying for had a number of direct reports into it (not mentioned in the spec) and that they didn't think my skill set suited it and I would be made redundant in the middle of next year.

I had suspected this was going to happen all along (boss doesn't particularly seem too keen on me) so I am still not sweating it. However it seems to me that this must smacks of an unfair dismissal. My reasoning being.

1) The company is in expansion mode and is due to triple the number of employees so it is not imperative they cut staff.
2) The company only made a token effort at trying to find me alternative employment within the company once they announced the possibility of redundancy
3) All dismissals are considered unfair unless the company can prove otherwise and it seems clear to me now that i am being dismissed rather than being made redundant.

Thoughts would be welcome.

If anybody has a good contact for someone with expert legal advice I would appreciate if they could pm me their details.

Thanks

Soon to be redundant

 

[jhegarty]

It sounds like you may have a case when they do give you your notice of redundancy.

 

[Diziet]

How long are you with the company at this stage? If under a year, you have very few employment rights I am afraid. But if you are over a year, then you should certainly explore the fairness of it. You should certainly see what the selection criteria for redundancy were.

 

[badbrian]

Am now with the company over one year.
Obviously I now need to wait until I get the letter confirming the "redundancy" before I can get anything kicked off.
I'll check up with Citizens information and will contact NERA but think it no harm to consult with a legal type who might be well up (and if anyone could advise would appreciate it).
This is a company with plenty of cash and I've actually worked very hard for the time I've been there (many late nights, weekends, never sick) which is why I feel so aggrieved.

 

[Diziet]

Definitely get advice then, and soon. Of course they can make you redundant, but they have to show that selection has been fair. Be warned that it is not that hard for am employer to engineer the criteria though.