Redundancy Complication - Help Please!

usalim

Can someone please help me understand this?

I had a permenant contract for a Reception position with my employer and a casual contract for anywhere in the organisation depending on need including Reception.

A couple of months back, I was made redundant from my permanent Reception position but my casual contract is still valid. The casual contract does not specify any type of role, duties or hours. It is just basically as and when and where required.

I want to know why my employer does not allow me to work as and when required anywhere else on the premises but not Reception.

Also, they say that there is no re-employment policy as it is not required when i inquired about how long do i need to wait before i can apply for a permanent reception position again.

Any thoughts?

getmore4less

I want to know why my employer does not allow me to work as and when required anywhere else on the premises but not Reception.

dos not make sense

Also, they say that there is no re-employment policy as it is not required when i inquired about how long do i need to wait before i can apply for a permanent reception position again.

Immediately there is no time limit,

Was the redundancy a genuine one?

How did they justify it,
is there now a new vacancy?

usalim

getmore4less wrote: »

I want to know why my employer does not allow me to work as and when required anywhere else on the premises but not Reception.

dos not make sense

Also, they say that there is no re-employment policy as it is not required when i inquired about how long do i need to wait before i can apply for a permanent reception position again.

Immediately there is no time limit,

Was the redundancy a genuine one?

How did they justify it,
is there now a new vacancy?

Exactly - It does not make sense to me as well but I am looking for formal material on rules/laws to take it back to them to justify.

The redundance was a genuine one as they altered the role slightly and changed the hours which I could not do at that time...Now that I want to apply for the "new" position, I have told that I cannot unless I return the redundancy payout which was not much and I can do it if it comes to that but it is the law and the principle I am looking for.....

Jarndyce

There is no law. It must just be the employer's own policy not to re-employ people they have previously made redundant, which they are quite entitled to do (providing they do not discriminate unlawfully).

getmore4less

If the reundancy was genuine at the time then thats ok.

I guess if they reinstated, made good lost wages and service then they could ask for it back otherwise I don't think they should be asking for statutory redundacy back, that is a legal entitlement.

Any enhanced part they can make any rules they like.

They can have re employment rules if they want.

There is no law that say you have to wait but many companies use 3 months since that takes you beyond being able to make a ET claim.


I want to know why my employer does not allow me to work as and when required anywhere else on the premises but not Reception.

I think what you are trying to say is they won't let you work reception but will elsewhere

Just trying to protect themselves from an ET claim.

usalim

getmore4less wrote: »

If the reundancy was genuine at the time then thats ok.

I guess if they reinstated, made good lost wages and service then they could ask for it back otherwise I don't think they should be asking for statutory redundacy back, that is a legal entitlement.

Any enhanced part they can make any rules they like.

They can have re employment rules if they want.

There is no law that say you have to wait but many companies use 3 months since that takes you beyond being able to make a ET claim.


I want to know why my employer does not allow me to work as and when required anywhere else on the premises but not Reception.

I think what you are trying to say is they won't let you work reception but will elsewhere

Just trying to protect themselves from an ET claim.

Thanks for your help. What do you suggest are my options? Is there any place I can get legal info on these matters to confirm my position before approaching them one last time.

getmore4less

What are you trying to achieve?

Jarndyce

usalim wrote: »

Thanks for your help. What do you suggest are my options? Is there any place I can get legal info on these matters to confirm my position before approaching them one last time.

You have been given legal info. There is no law that covers your situation. The employer can do what they like.

a) If the employer wants to refuse to re-employ you permanently then that is entirely up to them
b) If they do not want to deploy you on reception as part of your casual contract then that is also up to them.

usalim

getmore4less wrote: »

What are you trying to achieve?

All I am trying to achieve is hours at Reception again on my existing casual contract as the line manager agrees with me but HR is being difficult and to make it worse, HR does not have any policy to give me or any logical explanation

getmore4less

I think they(HR) are scared you will try an ET claim if you start working on reception again after being made redundant.

If your line manager needs you to do reception then it is his(her) job to get you working it.

HR don't have to justify anything to you they dont work for you, it is the people running the business that need to get what they want and stop HR blocking if needed. Stop going to HR.

I don't think there would be a problem covering sick and holiday as long as it did not include any hours that caused you refuse the alternative that they offered.


We have limited info but I alway look for any conspiracy theory

You also have to consider that the changes were made because they don't want you on reception, line manager has a convenient get out it's not me it's HR.

Jarndyce

usalim wrote: »

All I am trying to achieve is hours at Reception again on my existing casual contract as the line manager agrees with me but HR is being difficult and to make it worse, HR does not have any policy to give me or any logical explanation

You need to understand that they don't NEED to give you any policy or logical explanation.
Its quite clear that the real reason is going to be either a) they think you were a crap receptionist or b) they are worried that letting you back on reception as a casual after you have been made redundant from the permanent post might somehow leave themselves open to a claim.
They may be wrong on either count, but that is up to them - they are perfectly entitled to make operational decisions of that nature, and there is absolutely nothing you can do about it.