Is this Legal? - Redundancy and then company searches for new employee?

firsttimer1986

I have recently been laid off by a small company who were less than professional about contracts and law etc.

They set up a new brand which unfortunately fell over, and as such there was no more work for me and they had to let me go, they gave me the necessary time and warning etc.

Less than 2 weeks later they are advertising for the exact same position and despite me keeping contacts with the company they have not asked me to return.

I had been with the company around 8 months and had not had any disciplinary actions taken against me?

Im not sure where I stand as it was obviously unfair but I had only been with them a short period :S? please any advice would be great

Judas

Why exactly are they filling the exact same position if there is no business?
The simple answer is probably yes. If your brand wasnt working out then there was a genuine business reason to terminate you and even if they had similar/identical jobs on other branches it isnt the "same" job hence they can treat the recruitment for that seperate.

LittleVoice

firsttimer1986 wrote: »

I have recently been laid off by a small company who were less than professional about contracts and law etc.

They set up a new brand which unfortunately fell over, and as such there was no more work for me and they had to let me go, they gave me the necessary time and warning etc.

Less than 2 weeks later they are advertising for the exact same position and despite me keeping contacts with the company they have not asked me to return.

And yes, 8 months' employment doesn't give you much in the way of employment rights. However, even if you had had a year's service, as long as they had gone through the dismissal process properly there would be no reason why they could not advertise a position and not invite you to take on the work.

I had been with the company around 8 months and had not had any disciplinary actions taken against me?

Im not sure where I stand as it was obviously unfair but I had only been with them a short period :S? please any advice would be great

From what you have written there was no unlawful discrimination in selecting you for redundancy and legally there is nothing unfair about dismissing on the grounds of redundancy.

Even if it were the "exact same position" and the brand was being maintained, there could have been changes in the company's affairs which would allow them to continue with it and if a change arose after you left (even if it were the next day) there is no reason for them to give the job to you.

Have you specifically applied for the new position? If not, why not?

markandkate

My lecturer used to say that a company can do whatever they like and occasionally they have to get the cheque book out. It may not be legal/ethical but the only thing that you can do is ask your employer the questions.You may as well go for it as the worst that can happen is htey can sack you, oh they have! Sadly you have such a short service that you are not going to be able to go to a tribunal

Ewarwoowar2

Whether the dismissal was unfair or not is, unfortunately, irrelevant. You don't have the length of service needed (12 months) to make a claim for unfair dismissal. Therefore, unless you've been discriminated against on protected grounds (age, race, sex, sexuality, disability, etc..) or you were dismissed because you were pregnant or a trade union official, there's very little you can do.