Made redundant and job advertised the next week

boutyee

My friend was made redundant from his position in a plumbers merchants. He accepted his redundancy and the package offered because he understood the downturn in business in the construction industry. He finished work on Friday the 29th Jan 2010, and while checking the classifieds on Thurs the 4th Feb 2010 noticed his job was being advertised. Understandably he is very upset and i am wondering if anyone knows the correct steps to take, in order to investigate if he was unfairly treated or not.

tripled

http://www.worksmart.org.uk/rights/i_have_been_made_redundant_but

dickydonkin

boutyee wrote: »

My friend was made redundant from his position in a plumbers merchants. He accepted his redundancy and the package offered because he understood the downturn in business in the construction industry. He finished work on Friday the 29th Jan 2010, and while checking the classifieds on Thurs the 4th Feb 2010 noticed his job was being advertised. Understandably he is very upset and i am wondering if anyone knows the correct steps to take, in order to investigate if he was unfairly treated or not.

Was this an enforced redundancy or voluntary?

The words 'accepted' and 'package' indicate that although there was a redundancy situation, he may have accepted it on a voluntary basis.

If this was indeed an compulsory situation, it seems strange that the same position is being advertised. I think more information is needed because quite clearly the job has not been made redundant.

Were any of the people who were made redundant on a compulsory basis offered this position?

I would certainly raise a written grievance with the former employer.

This used to be classed as a 'modified procedure' by raising a grievance post employment, however, I believe the legislation changed last year. I am sure some HR or legal Bod can clarify.

jazzyman01

The legislation you refer to is the Disputes and Resolutions Procedure which was removed in October last year. In effect you could not pursue a claim with ET unless you could show you had raised a grievance. Any payments for not completely following the procedure could either reduce or enhance any payment awarded.

In relation to the problem, get a friend to apply and ask for a job description. Armed with that your friend should send a letter stating that he was made redundant and do not think that this was a fair redundancy. Would he want his job back or compensation?

goRt

boutyee wrote: »

He accepted his redundancy and the package offered

Sound like a compromse agreement was reached - your friend took some money and in return gave up his rights, you'll find that this was therefore not redundancy and the role can be advertised without offering to your friend

Sorry

Uncertain

goRt wrote: »

Sound like a compromse agreement was reached - your friend took some money and in return gave up his rights, you'll find that this was therefore not redundancy and the role can be advertised without offering to your friend

Sorry

Well it was only a compromise agreement if a formal document was drawn up in the prescribed form and he received independent legal advice before signing.

It is a post, not a person, that becomes redundant. If he was told that his post was redundant when it was not he may have a claim for unfair dismissal.

If he was given some money to "go quietly" and they haven't done it properly then they have left themselves wide open to a further claim.

I suggest he talks to ACAS, his trade union or a solicitor.