Wife made redundant

Talljuan

Thanks for viewing.
My wife was made redundant from a big chain opticians last December.
Redundancies were announced and she voluntarily applied due to already being unstaffed and overworked and with redundancies the situation would he worse and it was already stressful.

She had been there 5 years.

Conditions of her redundancy is that she could never work for that company again (not that she really wanted to).

The company realised after a couple of months that they’d made a mistake and it was mentioned by the area manager that they shouldn’t have let her go.

They  them employed someone to fill a vacant role, same job title, same pay.

This goes against the redundancy requirements so is it worth her putting in a claim and if so would ACAS be the best company to contact? Also is there a time limit she needs to make contact and anything else that would help her case?

Thanks in advance.

Dazed_and_C0nfused

A claim for what?

Not sure what your objective is.

Talljuan

That they made redundancies yet employed someone later to fill the role on the same pay and same title which goes against redundancy requirements.

Thrugelmir

Your wife applied for voluntary redundancy and therefore left of her own accord. 

Grumpy_chap

Talljuan said:

That they made redundancies yet employed someone later to fill the role on the same pay and same title which goes against redundancy requirements.

If company "A" makes redundant a person from job role "X", all that "A" needs to demonstrate is that the role is not required and not envisaged to be required at the time of the redundancy.  In your wife's case, that was December 2020.

If circumstances change in the future, then the role can be re-advertised.  Obviously, made redundant on Friday and role advertised on Monday would not resist challenge, but after 6 months...

I assume, as your wife took voluntary redundancy, she was satisfied with the settlement at the time.

Clauses about "never work for the company again" also usually have a time limitation after which it is all forgotten about.  Part of a process to protect against leave of Friday and rejoin on Monday.

lincroft1710

Business needs change. One day you realise you do not need face mask designers, so you let them go. 2 months later everyone wants face masks, so you have to employ a fm designer again.


Not worth pursuing

Andy_L

What does she want as an outcome? Her old job back?

goldieandblackie

Hello, that's why its called "voluntary redundancy" because she chose to leave voluntarily.

She takes her settlement and goes and gets another job, end of.

Borders2017

Dont be greedy and obtrusive. Your wife left the job voluntarily. Move on.

lincroft1710

You've replied to a 3 month old thread!