Redundancy a month after appointment

Barbie18

This is (hopefully) hypothetical, but could you be appointed to a post, giving up your former job, and then made redundant a month or so later?

If this did happen, do you have any rights as you have given up a good job in good faith, and then been made redundant after only a month or so, therefore putting you in a disadvantageous situation?

SarEl

Yes you can be and no you have no rights.

Annisele

It's actually even worse than that - your employer doesn't even have to make you redundant.

If you've been there less than a year, they can just say "sorry, this isn't working out, we're letting you go". So long as you get your appropriate pay and notice period, plus whatever else it says in your contract, that's that (unless your employer is stupid enough to say that he's dismissed you because you're a pregnant black disabled lesbian, but even then you wouldn't get your job back).

Aeryn

In actual fact something happened to me a few years ago, I was working for Subway ( I never recommend that!) and the franchise holder decided to sell to a hardfaced business man, who was out to skinflint every penny he earns in the shop. By that I mean hire enough part-timers as possible so there is no room for the full-time staff who were there before the take-over. I was told within a week I had no job, wasn't given any notice of when I was redundant except that it was my last week. He then had the CHEEK to say it was all legally covered, and I had no claim whatsoever. I was there 3 months when this happened. Although rightfully seething and wanting to place a dead rat (not up his backside!) but in the loo in my head where it stayed thankfully, I looked up redundancy rights and although he acted unfairly and wasn't obeying the law, he couldn't be touched because I wasn't there long enough. You have to be in the employment for at least 1 year.

Also the employer is legally obliged to give you notice, before any decision is made, and then when it is, offer you alternative work, or work in another location if your able to get there.

zzzLazyDaisy

Aeryn wrote: »

I
Also the employer is legally obliged to give you notice, before any decision is made, and then when it is, offer you alternative work, or work in another location if your able to get there.

If you have worked there less than a year the above does not apply.

Aeryn

zzzLazyDaisy wrote: »

If you have worked there less than a year the above does not apply.

My I politely refer you to my comment within the thread that You have obviously over looked?

he couldn't be touched because I wasn't there long enough. You have to be in the employment for at least 1 year.

I am aware he couldn't be touched m'dear.

an9i77

Yes this can and does happen. Ideally preceeding any big redundancy programme there will be a recruitment freeze, but it doesn't always work out that way. If an employer comes under pressure to cut costs quickly then they may make a decision to announce redundancies quite soon after someone has been hired. A lot of companies may not be joined up enough to halt their hiring activity in the months before making posts redundant, particularly if the orders to cut staff are coming from quite high up the managerial chain, but recruitment authorisation is much more localised. So yes it does happen, and in that case the person would only be entitled to their contractual notice period which if they are still on probation may be very small indeed, eg a week.

Uncertain

Barbie18 wrote: »

This is (hopefully) hypothetical, but could you be appointed to a post, giving up your former job, and then made redundant a month or so later?

If this did happen, do you have any rights as you have given up a good job in good faith, and then been made redundant after only a month or so, therefore putting you in a disadvantageous situation?

The only way round this situation is if you are in a position to agree special contractual terms with your new employer. This is not common and normally only happens if you are "head hunted" rather than apply for an advertised job.

One way is to agree that the job comes with either a guaranteed "golden handshake" should it be terminated or a "golden hello" on joining. Other ways are either an extensive period of contractual notice or a guaranteed minimum period of employment.

Whilst you would still have no right to claim unfair dismissal during the first year (except for discrimination etc) you can of course claim for any contractual entitlements should they not be honoured.

SarEl

Aeryn wrote: »

My I politely refer you to my comment within the thread that You have obviously over looked?

he couldn't be touched because I wasn't there long enough. You have to be in the employment for at least 1 year.

I am aware he couldn't be touched m'dear.

Since you posted twice it was not at all clear "m'dear" whether the two comments were mutually exclusive or inclusive, and it is certainly wide open to misinterpretation. I therefore see no reason for the snotty attitude. LazyDaisy was quire correct to clarify a point which you did not.