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Tuesday, Jun 16, 2009

It appears that I have a case for unfair dismissal from my former employers as they have replaced me with someone else who is doing the exact same job they made me redundant from.

I don't know what to do. I could sue them, but I really don't know what to do

Category: Other
Posted by wavey_gravey, 2:31pm
21 Comments | Post a Comment

Comments

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For me personally, a decision like this is about morals. Do you feel like you *deserve* compensation for the way they treated you? If so, then you should sue.
Posted Jun 16, 2009 3:12 pm PT

I'd go for it - you have a case, you've been taken advantage of, and the [insert_expletive]'s will most probably turn around and do it to someone else unless something is done! Find someone to talk to about it - I mentioned on your last post about finding an Employment Tribunal or similar body - they should take the case on for free (they do here in NZ, as it's essentially a civil liberties issue).


EDIT: Link to UK Employment Tribunal Service added above.

Posted Jun 16, 2009 3:16 pm PT
This has nothing to do with your blog, but I didn't feel like joining a union just to make a forum post

Check your router settings, and make sure that you've opened the correct ports for LBP, since it's very likely that the game needs to have its own set of ports open to communicate properly online.
Posted Jun 16, 2009 3:19 pm PT
are they rolling with the same job title you had?
Posted Jun 16, 2009 3:41 pm PT
If you have a case I would say go for it... you never know what the future holds and any money you can collect could really help you out down the road. Besides, you should teach them a lesson...
Posted Jun 16, 2009 3:42 pm PT
Oh, and if you do sue your former employer, try not to mention it when you interview for any future position you apply for... "no, you can't call my previous employer for references, I took them to court for firing me"

It sounds bad.
Posted Jun 16, 2009 3:50 pm PT
Whilst I think you deserve to kick them in the nuts, you will be lucky to get a decent financial reward for your efforts. Do give it careful thought, and seek advice if you can.

Financially, tt comprises (1 week's pay for each year worked) + (discretionary award to compensate for financial loss), so depending on your service may be quite small.

Still, I wish you every success - this country needs more little guys standing up to the corporate bullies, so good on you for considering it!
Posted Jun 16, 2009 4:00 pm PT
try going on a small budget vacation that could take up some time and suing can be very risky so I don't know if you should.
Posted Jun 16, 2009 8:38 pm PT
Before you do anything rash can you prove that 1) this individual was hired as you were fired or 2) this person was not working there longer than yourself & is getting paid more than you? If you can't prove one of these two things you may not have a case. If the person was hired as you were fired but is paid 1/2 what you were making, its crap they didn't give you the opportunity for a pay cut but technically thats their perogative and 2 if they weren't working there longer than you and is getting paid more then you have both seniority and a better value for their money and they are being financially irresponsible (is it a publicly traded company?) There are many sides to a story in business, I'm not saying you might not of been scrood but make sure of it first.
Posted Jun 16, 2009 10:48 pm PT
Where there's blame there's a claim!
Posted Jun 17, 2009 1:52 am PT
It all sounds very dicey to me. Is there some sort of free consultation service you can speak to? I recommend calling the Citizens Advice Bureau as they might be able to point you in the right direction. Good luck
Posted Jun 17, 2009 4:04 am PT
Aw ****, that happened to me once, BASTARDS!!! Probably the one that replaced you is a family member of the boss or some friend's son. You could always denounce the situation or even sue, (probably just end on settlement) but either way you won't be able to work there again because they would make your life miserable. Look for another job but don't let that one slide.
Posted Jun 17, 2009 4:48 am PT
Personally, I'd call them up and ask for an explanation. Let them know that what they did was possibly illegal and see how they respond. If they can't give you a reasonable explanation, contact a lawyer.
Posted Jun 17, 2009 9:11 am PT
Hey all, thanks for the support. I am still undecided as to what to do. On the face of it, I have a claim for unfair dismissal. I need to check a little more about what this new person is doing, but I suspect that they have just replaced me with someone else.

@ SlikNik - your suggestion is exactly what I am going to do. I will contact them and give them chance to explain, then based on the conversation make my decision from there.

Bad times
Posted Jun 17, 2009 10:33 am PT
Oh and @ ChiliDragon - Thanks for the PS3 advice! And re the Union, it is a good one if you want to join
Posted Jun 17, 2009 10:35 am PT
I would ask you friends and family first to see if they know a lawyer. After that I would just look up some employment lawyers online. Look for the ones that have a free consoltation.
Posted Jun 17, 2009 1:05 pm PT
Talk to an attorney; if your case is strong enough they may take it on a contingency fee. I'm not real familiar with the law, particularly in your country, but it never hurts to talk to an attorney to figure out what your options are. Good luck.
Posted Jun 18, 2009 12:06 pm PT
Id ask them what theyre doing and let them know you intend to take it further. See what they say. They might offer you an out of court settlement or compo or something.
Posted Jun 19, 2009 6:22 am PT
suing can be very costly, and it's very risky wouldn't recommend you that, but am not a lawyer
Posted Jun 21, 2009 11:34 am PT
That sound slike a complex situation; I wish I could offer an idea or two, but I'm at a loss. While I was looking across the job boards a couple of months ago, I actually came across a posting for MY old position! A part of me wanted to call them and find out what the deal was, but the explanation actually came to me via text message from a friend who still works there. Evidentally, after my restructuring lay-off, they lost more personnel due to unexpected, necessary attrition. They could have offered me my old job, but honestly, I wouldn't not have wanted to go back to a job that mere weeks prior had found me worthy of a lay-off, so it was ultimately for the best; let them reel some other sucker in there!
Posted Jun 27, 2009 4:07 am PT
the situation in the states is different probably - there is a board you can make an appeal to for that sort of thing where I was and representatives for both labour and management.
Posted Aug 3, 2009 7:34 pm PT
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