Made redundant now company re-hiring others?

lozza12689

Hi,

Im really confused what to do, I worked for a Nationwide motor factors company for 10months but this september was the only in my branch to be made redundant(another 16 staff), i didnt qualify for any pay as id been there less than 12 months. I had a 42.5hrs contract but sometimes my former company had some people on the rota called "casuals" they are on a 0 hrs contract and go into work when needed. My former boss said that he would let me know if anything came up as he really didnt want to lose me.

However... 3 months on and they have taken on 2 new "casual" employees, So i asked my old boss and he lied saying they haven't got the budget for casuals at the moment but would bare me in mind!

Surely I should have been asked first? as i am the redundant/unemployed person?

Where do i go from here?

any advice appreciated!

Googlewhacker

I'm fairly sure no where as you do not have protection for unfair dismissal as you have not worked 1 year.

Also 3 months is a long enough time for circumstances to have changed within a company that they may need to rehire staff and it needn't be you.

LittleVoice

lozza12689 wrote: »

Hi,

Im really confused what to do, I worked for a Nationwide motor factors company for 10months but this september was the only in my branch to be made redundant(another 16 staff), i didnt qualify for any pay as id been there less than 12 months. I had a 42.5hrs contract but sometimes my former company had some people on the rota called "casuals" they are on a 0 hrs contract and go into work when needed. My former boss said that he would let me know if anything came up as he really didnt want to lose me.

However... 3 months on and they have taken on 2 new "casual" employees, So i asked my old boss and he lied saying they haven't got the budget for casuals at the moment but would bare me in mind!

Surely I should have been asked first? as i am the redundant/unemployed person?

Where do i go from here?

any advice appreciated!

My only advice is to continue looking for work elsewhere (unless you do already have a job with which you are otherwise satisfied).

If people are being recruited to a zero hours contract then it costs them nothing unless they do use their services. Your being put on the casuals list does nothing for you in terms of income.

Even the first day after your employment terminated there was no legal requirement for the company to consider you for any vacancy they had.

SarEl

LittleVoice wrote: »

Even the first day after your employment terminated there was no legal requirement for the company to consider you for any vacancy they had.

I doubt it will make the OP feel any better, but there was actually no legal requirement for the company to consdier them for any vacancies before they were made redundant

OP, with the best will in the world and no reflection on you - these people have lied to you throughout! If your boss really didn't want to lose you then there was nothing stopping him from running a redundancy exercise and making someone else redundant (assuming you didn't come bottom of the assessment!). You were picked, presumably, because it was easy - you had no employment rights to speak of - but that does not mean that they had to do it this way.

So they lied from the first moment, and continue to do so. Do you really want to work for them again??? Forget them and move on.

Flyboy152

lozza12689 wrote: »

Hi,

Im really confused what to do, I worked for a Nationwide motor factors company for 10months but this september was the only in my branch to be made redundant(another 16 staff), i didnt qualify for any pay as id been there less than 12 months. I had a 42.5hrs contract but sometimes my former company had some people on the rota called "casuals" they are on a 0 hrs contract and go into work when needed. My former boss said that he would let me know if anything came up as he really didnt want to lose me.

However... 3 months on and they have taken on 2 new "casual" employees, So i asked my old boss and he lied saying they haven't got the budget for casuals at the moment but would bare me in mind!

Surely I should have been asked first? as i am the redundant/unemployed person?

Where do i go from here?

any advice appreciated!

If they had employed these people within, say, the same month, you might have had a case, but three months later, it is a bit sticky I'm afraid. From what I understand, the fact you had been made redundant and not dismissed, makes a difference when you are talking about the twelve months rule.

That said, you should not be discussing this with your former manager, you should be discussing it with the group's human resources department.

LittleVoice

Flyboy152 wrote: »

If they had employed these people within, say, the same month, you might have had a case, but three months later, it is a bit sticky I'm afraid. From what I understand, the fact you had been made redundant and not dismissed, makes a difference when you are talking about the twelve months rule.

That said, you should not be discussing this with your former manager, you should be discussing it with the group's human resources department.

A month, a week, a day - no difference.

The OP was dismissed - on the grounds of redundancy.

Flyboy152

LittleVoice wrote: »

A month, a week, a day - no difference.

The OP was dismissed - on the grounds of redundancy.

And as such there are certain rules to follow. If the employer had made his job redundant, then the postion must actually be redundant, for one thing.

SarEl

Flyboy152 wrote: »

And as such there are certain rules to follow. If the employer had made his job redundant, then the postion must actually be redundant, for one thing.

No - there are absolutely no "rules" to follow. If you cannot claim unfair dismissal then the employer can dismiss, for any reason, and delivery can be by pink elephants line dancing in tutu's. Unless one can claim unfair dismissal then the employer is bound by nothing - for now for 12 months, and shortly for 24 months. The OP would have had no case, at any time - they had insufficent service to make a claim.

Flyboy152

SarEl wrote: »

No - there are absolutely no "rules" to follow. If you cannot claim unfair dismissal then the employer can dismiss, for any reason, and delivery can be by pink elephants line dancing in tutu's. Unless one can claim unfair dismissal then the employer is bound by nothing - for now for 12 months, and shortly for 24 months. The OP would have had no case, at any time - they had insufficent service to make a claim.

But the reason has to the right reason, not just a guess. But this time it was redundancy and as I wrote earlier, there are rules to follow. If he had simply been dismissed, then I somewhat agree, it could be because he was ten seconds late one morning and he wouldn't be able to do much about it. But redundancy has its own set of rules.

RobertoMoir

Flyboy152 wrote: »

And as such there are certain rules to follow. If the employer had made his job redundant, then the postion must actually be redundant, for one thing.

Well yes, but leaving aside everything else at the moment, consider that at the time the OP was made redundant their position may well have been redundant and since then things may well have changed. Things aren't set in stone.

Flyboy152

RobertoMoir wrote: »

Well yes, but leaving aside everything else at the moment, consider that at the time the OP was made redundant their position may well have been redundant and since then things may well have changed.

Indeed and it is exactly what I wrote in my post. But LittleVoice and SarEl, for some reason, seemed to disagree.