Made redundant, then replaced

becks85

I was made redundant in January 2009, I was told that my role was being made redundant due to a new computer software being used by the company that automatically uploads orders which was originally the main part of my role, however I have today found out that not 2 weeks after I was made redundant, the company employed a new person to do the same job with the same job title. Is there anything I can do legally now as it is over 12 months later.

Going4TheDream

becks85 wrote: »

I was made redundant in January 2009, I was told that my role was being made redundant due to a new computer software being used by the company that automatically uploads orders which was originally the main part of my role, however I have today found out that not 2 weeks after I was made redundant, the company employed a new person to do the same job with the same job title. Is there anything I can do legally now as it is over 12 months later.

The timesscale from 6th April 2009 is 3 months less one day...as your redundancy was before that you should give ACAS a call...

becks85

Thank you, I will call them tomorrow.

MarianKendal

I think they can get away with it because they didn't re-employ someone into the role - they just added your responsibilities to another member of staff and increased their pay accordingly. From what I've been told, if you make a staff member redundant you cannot re-advertise for the same position within 6 months of the redundancy but the responsibilities can be transferred within the company to another member of staff.

getmore4less

MarianKendal wrote: »

I think they can get away with it because they didn't re-employ someone into the role - they just added your responsibilities to another member of staff and increased their pay accordingly. From what I've been told, if you make a staff member redundant you cannot re-advertise for the same position within 6 months of the redundancy but the responsibilities can be transferred within the company to another member of staff.

Not true.

You can reemploy as soon as there is a business need, this could be the next day.

m3rry

Another update. I wrote to my former employers informing them that I wished to appeal on the grounds that this did not appear to be a genuine redundancy situation as my role still existed. I have an appeal meeting tomorrow. Any pointers as to what to expect most welcome :-) I assume that I'll just restate my case in person and they'll state theirs?

cheftyke

m3rry wrote: »

Another update. I wrote to my former employers informing them that I wished to appeal on the grounds that this did not appear to be a genuine redundancy situation as my role still existed. I have an appeal meeting tomorrow. Any pointers as to what to expect most welcome :-) I assume that I'll just restate my case in person and they'll state theirs?

Hi there - I am an Employment Law Solicitor.

You are doing everything right at the moment. Make sure you take a script in the meeting with you (and leave it with them) bullet pointing everything that was wrong about the process. Was anyone else made redundant? Sounds to me as though you may have a decent claim in unfair dismissal.

PM me if you need some further help.

zzzLazyDaisy

Just on a pragmatic note....

Do you really want your job back, or are you just making a point?

The reason I ask is that you say you got a reasonable pay-off (better than statutory) - you may also have been given a payment in lieu of notice? You would have to pay that money back if your appeal is successful and they decide to recind the redundancy (although on the other hand you would be entitled to claim the lost wages between dismissal and re-instatement)

I'm not saying don't appeal - if you want your job back of course you must appeal - just that sometimes it pays to choose your battles wisely.

Good luck