Advice from an employment rights expert?

cheghead · 6 January 2007 at 3:57PM

Can any1 please advice me if there is anything I can do about this:

Made redundant 2 months ago from the Nhs after working for only 6 months. (I was the only employee doing that perticular job and it was a permenant position not temporary or fixed contract). They have just re-advertised the 'same job' on their website. The detailed job description is exact copy of the job I was doing (although they have changed the job title slightly).

I realise that you have to be employed for at least 12 months to go to a tribunal but is there anything else I can do?

hjb123 · 6 January 2007 at 4:45PM

Your best thing to do would be to speak to ACAS who are in the know with employment issues. What does it say in your contract? Was there a trial period at all? I realise there arent as many rights when you havent been employed for 12 months however it does seem pretty unfair that you were made redundant then they were advertising again. What reason did they give for your redundancy?

cheghead · 6 January 2007 at 5:58PM

Wasn't on a trial.

Only reason given for the redundancy was 'the Trust needs to save X amounts of £millions off their budget this year and my job was identified as no longer required'.

So to save Government money I now claim dole money and they (NHS) get someone else to do same job. Also in an effort I suspect to make sure I don't re-apply they have made it 'internal applicants only' with at least 12 months hospital experience.

Think I have been well and truly shafted on this?

Might make a good news story in the local press?

kelloggs36 · 6 January 2007 at 6:03PM

To make you redundant, they can't re-advertise the same job! Are they offering less money to the new applicant? As they are re-advertising, they are clearly lying if they told you that the job has been identified as being no longer required.

cheghead · 6 January 2007 at 6:17PM

They have reduced the hours by 5 but the salary scale (or band) is still the same. Always had a feeling they just didn't want me as I wasn't getting on with the coordinator. Never got any disciplinary issues though.

The job profile for the new job is identical to the one I kept for my job!

Optimist · 6 January 2007 at 7:04PM

Normally making you redundant and then re-advertising the same job within two months would be a cause for unfair dismissal. However unless there is something you have not mentioned that could be related to the redundancy i.e. refused to join a union or something under the unfair dismissal exceptions then the fact that you only worked there for less than 12 months means you have no recourse to law. However give ACAS a call on Monday to check on this. It probably wouldnt hurt to give the trusts HR a call too and ask them to explain.