Redundancy/unfair dismissal

[proudmary]

Hi all, I am hoping you can give me some advice. My daughter (age19) has worked in a cafe within a small shopping centre since the day after her 16th birthday. The owner of the mall and cafe has had to make redundancies due to a down turn in trade. He carried out individual consultations and awarded points etc for length of service, sickness, disciplinary record etc which to me seemed the fairest way to do it. My daughter was told yesterday she was being made redundant from the cafe and was sent home, she will receive any monies due to her on Monday. So far so good although to her the world has ended I'm a great fatalist and believe something else will turn up for her. My problem is that she was employed as a catering assistant, the minute she left the building three workers from the shop floor (shop assistants) were told they would now be working in the cafe, I think this would amount to unfair dismissal because it is the job that is redundant not the person (four people in total have been made redundant, my daughter and three from the shop floor), am I correct? She has been a loyal worker since the day she started, has had little time off through sickness but becasue she is only 19 and had three years service was less cost to make redundant, I would welcome any comments or advice please, many thanks in advice.

[Whickerman]

Yes, I believe you are correct, however employment law is a minefield and there is a huge precedent for, for example, 'last in first out' agreements

[factor-fiction]

At face value it may seem she might have a case but I don't think it's always that straightforward. The employer may say they have reorganised and widened roles to give increased flexibility and they need fewer people altogether.
We need Buildersmate on this one.
Dotty. may have a view too with her retail experience.

[10ClarionSt]

Proudmary, it's really tough on your daughter but things like this happen all the time. Employers can virtually do what they want. Having been at this company for three years, it may be a good time to move on, even if she is unhappy about it.

It may also be cheaper to terminate her employment as I don't think she is entitled to any redundancy pay, which is not payable unless someone is 20 years old. You can check on that but she should have been advised about severance payments.

A tough call for sure but she's young enough to find other work. There are always vacancies in the catering trade. I hope she sorts it out soon. She appears to have a god mum who will help. Good luck.

[tamborine]

Employer has cut back on staff due to business downturn. Seems employer is being fair if the business can't support all the staff.

I hope her next job is far more exciting.

[maclarencat]

It is true that the job becomes redundant but if you are saying that someone has taken her job they must be doing exactly what she was doing. and nothing else. It may be that they are being told they will have to work in the cafe and cover on the shop floor in case of holidays etc. It is a bit of a mine field and for how much she would get taking them to a tribunal is it really worth it? Better to leave with head held high and a good reference. Hope she finds something else soon .