redundancy advice needed

[stephen2504]

here goes i have worked for a housing company driving a telehandler for 8 years i was made redundant on friday gone by means of a scoring matrix they laid me off and kept another a driver on who has only got a red cpcs training license which expired 3 month ago and is not renewable so the company are now going to put him through the training to get his full license which i already have surely i must have a case against this decision prior to this about 3 month ago we had another scoring matrix which i scored 41 and the lad in question scored 39 by a contracts manager who is now not at the company i think this new contracts manager favours this other lad over me thats why he has kept him on surely i must have a case against this unfair dismissal

[madmaggot]

Didn't you ask this ? yesterday?

[buildersmate]

Yes he did - here:
http://www.theanswerbank.co.uk/Jobs-and-Educat ion/Question674789.html

Presumably you weren't satisfied with my answer so want another opinion. Although you've added more information, it doesn't change the price of fish, in my opinion.

But ask for the details of the scoring matrix, on the grounds that you are intending to pursue a case for unfair dismissal at Employment Tribunal. Then go to the CAB and try and get 30 minutes free time with a solicitor to see if you have a possible case - I don't think you do based on the evidence you have told us about.
You have three months from last Friday to submit your case.

[Postdog]

And the big thing with redundancies is that it isn't the person made redundant but the job.

[stephen2504]

so if the job is redundant why they training someone up to do my job

[buildersmate]

In redundancy situations, there's a difference between it being morally unfair and legally unfair. Provided the company has followed a valid process in the way the initial pool of staff has been drawn up, and then the way those selected has been drawn up, the redundancy may well satisfy the requirements and hence not be unfair (legally). I accept that redundancy can be used to dismiss staff who do not 'fit'.
The way for you to test this is as I outlined in my earlier reply.