Redundant but the job still exists?

Chuzzle

How long after making someone redundant can you fill their position with another employee already employed by you? Do you have to offer it to the rendundant person first?

~Beanie~

I thought that redundancy was only offered if the job itself ceased to exist?

Why would they make someone redundant and then offer them the same job back?

mark55man

because they wanted to get rid off the incumbent without going through due dismissal/disciplinary process.

what is being suggested is trying to flout the rules. I am not an employment specialist but OP should expect to get some harsh posts from those who are

kingfisherblue

It is not actually the person who is redundant, it is the job. The person becomes redundant as a result. You cannot then employ another person to do the same job. If you do this, I think you are paving the way for being taken to an employment tribunal. The OP is on very shaky ground.

Chuzzle

Its not me that is doing this, but the company I work for has done this earlier this year and is now expecting another member of staff to replace the redundant person permenantly. I think they did it just to get rid of the employee cos the job the do definitely has not ceased to be.

liney

Redundancy can also mean that the job has shrunk to the degree that the duties are better being re-allocated. Or that there is a decrease in work so 1 (or positions) are in for the chop meaning losing 2 in 4 Waitresses, for example meaing that the job "Waitress" still exists, but the workload has decreased.

If the job is merely being absorbed into another role, then it's reallocation of duties, and very common.

A savvy employer would avoid advertising an identical role, however technically there is no minimum time scale for readvertising the post, although it is often suggested that 6 months would be considered reasonable by a Tribunal.

StrawberryJam_2

I have just been made redundant and asked the question to Citizens Advice, the answer for my position as an environmental engineer is that the employer told me that we had no work for me and that the employer and employee could not agree on a 6 month sabbatical, therefore the route was redundancy.

At that moment in time there was not enough work to employ me, but the company can recruit tomorrow if new work was to be won or awarded. There are no rules that I was made aware of.

The job title (position) for that moment in time could not be sustained. The company can recruit at any time the workload picks up.

I am not happy about the action, but my fingers were tied that I was selected to be given the boot after 9 years loyality! and got the basic redundancy payment although I did a good job when there was work, so never burn bridges, I might be back when (if) it picks up for the company.

There is much talk about a length of time before recruiting again, and offer to the person they let go off... but thats all hear say, the company is within the law to recruit again at any time and can recruit previous staff or new staff.

anamenottaken

One important point in the OP's first post is that this is an internal move and not a new recruit to the company.

In any redundancy, people can be "bumped" round.

That applies even if the actual requirement for the job has not changed: the original incumbent is dismissed on the grounds of redundancy but another employee takes on the post.

Diane1961_2

I worked for a financial services company who does that all the time. The owner is a meglomaniac, misogynistic, alcoholic who thinks nothing of rotating his sales team, admin support and PA by this method. Even if it were brought to tribunal he makes sure they haven't been there long enough for it to be worthwhile chasing. Good luck

Vader123

A company can make someone redundant and then at some future point re-create the position in certain circumstances (like loosing and then getting another contract) there is no set time limit to this.

If you believe that your redundancy was unfair for any reason, you have up to 3 months from the end of your employment to challenge the decision in an employment tribunal.

Vader

Heliflyguy

Chuzzle wrote: »

How long after making someone redundant can you fill their position with another employee already employed by you? Do you have to offer it to the rendundant person first?

I understand it to be 6 months.