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Is this legal?

Hi All,
As of today my partner has been made redundant. He only worked at the company since december 5th 2012. However, his position was advertised within the company and he and co workers were aloud to apply, needless to say he wasnt successful and his job was given to someone else. Surely if a position is made redundant they shouldnt be able to re advertise it and fill it with someone else? I have no idea about these things but it just doesnt seem fair.
Thanks in advance to anyone who may have advice
x

Comments

  • xoxkaykxox wrote: »
    Hi All,
    As of today my partner has been made redundant. He only worked at the company since december 5th 2012. However, his position was advertised within the company and he and co workers were aloud to apply, needless to say he wasnt successful and his job was given to someone else. Surely if a position is made redundant they shouldnt be able to re advertise it and fill it with someone else? I have no idea about these things but it just doesnt seem fair.
    Thanks in advance to anyone who may have advice
    x

    Yes. It's legal.

    He's been there so short a time that really they can dismiss him for any reason (other than if it were unlawful discrimination which doesn't look to be the case here).

    It appears that there was a reduction in the total amount of work required and that a number of people, including your partner, could reasonably be expected to be able to do the work available and were therefore able to apply.

    They were looking at the workforce as a whole.

    It was not "his" job. The job work which has to be done and they were then deciding who should do it.

    If they were advertising the post externally, it could have been unfair to longer serving employees but that doesn't appear to have been the case and your partner's shortness of time with the employer still means that they can dismiss him more easily than those with two years' employment with them.
  • ILW
    ILW Posts: 18,333 Forumite
    xoxkaykxox wrote: »
    Hi All,
    As of today my partner has been made redundant. He only worked at the company since december 5th 2012. However, his position was advertised within the company and he and co workers were aloud to apply, needless to say he wasnt successful and his job was given to someone else. Surely if a position is made redundant they shouldnt be able to re advertise it and fill it with someone else? I have no idea about these things but it just doesnt seem fair.
    Thanks in advance to anyone who may have advice
    x
    Are you sure he is being made redundant, or just let go?
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