made redundant, my old job maybe re-advertised?

toshkininny

Hi, I have been made redundant. Not sure if it is the case yet, but in looking for another job, I saw an advert that sounds exactly like my old company -but the job title is slightly different.

Also, an agency advertised a job that I was just right for previously, and I didn't get a phone call from them about it. I called the agency just to see why, and they said I didn't meet the criteria and they were looking for someone from outside the industry.

If it is my old company, and they are looking for someone to do my same old job but just re-worded the title slightly, do I have a case against them?

Thanks.

mrcow

Can you get a friend (or do it yourself) to call the agency and ask for more details? in terms of where the company are & who they are?

At least then you'd have more of an idea.

I would say it is highly irregular to make someone redundant whilst advertising for their position. If they did this, then you could have a case for automatic unfair dismissal. Of course, if they are going to sack you, then that's a different matter depending on their reasons. Are you having issues at work that are making you suspect this?

toshkininny

sorry, I think I have confused things, (I'm good at that, bit het up, that's all!)

I was made redundant by the company a few weeks ago, and in those weeks of looking for a new job, I found the advert that sounds exactly like my old job.

Thanks - I think I might ask my brother in law to find out where about's the job may be.

mrcow

Sorry, no it's me! You made it quite clear in your opening post.....I'm just overtired!

Have a look here for more information:

Suitable alternative job offers

If your employer intends to make you redundant, they must consider whether there are other jobs available which you would be capable of doing.
If a suitable job is available, your employer should offer it to you instead of making you redundant.
If a suitable job is available, but your employer fails to offer it to you without a good reason, this could mean that you have been unfairly dismissed and you can make a claim to an employment tribunal.

Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:

• the sort of job it is
• the pay you will get
• the hours you'll have to work
• where the job is located
• your skills, abilities and personal circumstances.

Your employer doesn't have to offer you a similar sort of job or a job in the same workplace.

The offer of alternative employment must be made before your current job ends. The offer can be made in writing or verbally. You must be given enough details about the new job so you know what the difference is between this one and your current job.

And Here

Are you on close terms with anyone from your old work who could perhaps let you know if they employ anyone new?

Once you're a little clearer of the facts, then it's time to speak with the CAB if indeed your employer are advertising your old job (or very similar).

LittleVoice

Contact the company - you know their number - and ask if they have any vacancies.

toshkininny

LittleVoice wrote: »

Contact the company - you know their number - and ask if they have any vacancies.

Yes, I may ask BIL to do that too, thanks.

adecor

Someone I know recently got made redundant/sacked (just within 1 year of employment). The reasons they gave being that he had taken a sick day after an accident in their vehicle where he suffered whip lash and more to the point suffered shock, followed by the fact that didn't work on the day we had all the really bad snow.

On their website they were advertising the job at £5000 less per annum than they were paying him - stinks!

cakey

Any company by law cannot advertise for the same position for 6 months after the redundancy. If you can prove the job spec is a very close match to that of your you have a case for unfair dismissal :@)

LittleVoice

cakey wrote: »

Any company by law cannot advertise for the same position for 6 months after the redundancy. If you can prove the job spec is a very close match to that of your you have a case for unfair dismissal :@)

I challenge you (or anyone else) to show us the law which you imagine exists. It doesn't.

Emmzi

LittleVoice wrote: »

I challenge you (or anyone else) to show us the law which you imagine exists. It doesn't.

I agree, there is no six month rule. If they get a new contract the day after you are made redundant and need more staff - they can hire right away.

toshkininny

okay, a slight twist to my original question.

What if you were looking for a job and found that your old company was advertising a new position, and that this new position had to report to your old job title - would you have a case then?!