Employer ending employment due to supposed "lack of income"

damoandclaire

i just trawled the internet for something on this "law" and couldn't find anything. What I did find was lots of references stating that an employer can re-employ as they wish regardless of whether or not its the same position that was previously made redundant.

DancerSupreme

I cannot remember exactly which law it was as this happened around Christmas time and I am currently on mat leave so cannot refer to the file for advice.

This is why I suggested seeking advice from an employment lawyer or CAB as they will have definite facts for this specific situation.

Any

I have to say that as far as I am aware and have been always told, employer is not able to employ another person for exactly the same job for some period of time...

Could be rebranded though and that would be the way around it.

I think it's to do with the fact that otherwise the person can go to ET for unfair dismissal - because to dismiss person as such is much more complicated, they have to be at faul and making them redundant and then re-employing someone else can be seen as way around it.

BUT as the employee is there less then a year, the employer can just fire him without reason (as long as he is not discriminating). Before the first year is out employee doesn't have much rights I am affraid.

However to the OP - is this seriously a person you want to work for? You went with him for his latest venture and now he wants you to find second job? What is it to him? Is he suggesting he will then be able to lower your wages or something??

I suggest you start looking, as this person is a n**

LittleVoice

There is no law which says they can't employ someone within any specified period of time after employment has been ended on the grounds of redundancy.

It is simply important that redundancy is the cause of the dismissal at the time.

[I attended an ET hearing where the employee had been dismissed on the grounds of redundancy but took his employer to ET on the basis that that was not the case - the real reason was that he was not performing his job to the required standard! So he preferred to be seen as an incompetent employee but one who got extra money out of the employer (ie in additiion to redundancy pay) because they had not followed proper procedures for dismissal on the grounds of capacity. The employer had actually tried to soften the dismissal and be "kind" to the employee by saying it was redundancy in a sector which was suffering greatly in that way at the time - so it would have seemed perfectly reasonable to say "redundancy" was the reason for his looking for another job.]

SomeBozo

[I attended an ET hearing where the employee had been dismissed on the grounds of redundancy but took his employer to ET on the basis that that was not the case - the real reason was that he was not performing his job to the required standard! So he preferred to be seen as an incompetent employee but one who got extra money out of the employer (ie in additiion to redundancy pay) because they had not followed proper procedures for dismissal on the grounds of capacity. The employer had actually tried to soften the dismissal and be "kind" to the employee by saying it was redundancy in a sector which was suffering greatly in that way at the time - so it would have seemed perfectly reasonable to say "redundancy" was the reason for his looking for another job.]

Interesting little titbit there LV.

My experience is the quite the opposite. My experience is employers trying to get rid of an employee on the grounds of incapability, when actually, its rendundancy.

They might try to set impossible targets or pick up on minor mistakes to aviod the redundancy payout.

I find that as part of my companies integrity and the real lives being messed with that I point this out and don't participate down any route of "incapability" when actually the reason is their job no longer exists or they want rid of them to save money.

I don't think your tale is as positive as you make out, ie

he preferred to be seen as an incompetent employee but one who got extra money out of the employer

.

Bozo