Can they re-hire

Tom_Jones

My wife was made redundant a few weeks ago, but we've just heard via the grapevine that they are about to interview for her old position, although under a new job title. Is there some rule that they should offer her at the very least an interview or her old job back if they re-employ within 6 months ?

Thanks

tigtag02

You are correct they cannot rehire for the SAME job within a 6 month period.

However, they may have changed the job spec to allow for this.

robpw2

yes you are right but as it now has a different job title they could argue its not the same job

LittleVoice

Find out what the job description is. Changing a job title doesn't mean it is a different job - it is the tasks and responsibilities which are important.

McDuck

Woud be intrested if you could let me know where the 6 month 'rule' you mention is covered in law.


Thanks

tigtag02

McDuck wrote: »

Woud be intrested if you could let me know where the 6 month 'rule' you mention is covered in law.


Thanks

why, do you not agree?

LittleVoice

Well - I would be interested to know too - because I'm not aware of such a "rule". If you quote it as a fact I think you should be prepared to back it up or admit you only think it exists.

LuciferTDark

When I was made redundant the first time I was told the job I was doing no longer existed but then they turned round within a month and replaced me but changed the job title.

Ewarwoowar2

To lawfully dismiss someone for the reason of redundancy, the employer must need less workers of that particular type. Therefore, if they made a sales assistant redundant, then employ a sales associate in the same department the following week, it's initial evidence that suggests the redundancy wasn't above board. However, the employer could argue that a sales assistant isn't the same job as a sales associate or that once they'd made the sales assistant redundant the shop became busier and they realised they needed more staff.

To claim unfair dismissal you need to bring a claim 3 months from the date of the employee's last day of service unless it wasn't reasonably practicable to do so. If 6 months have past you may well be out of time.

If you have real evidence that you OH was unfairly dismissed talk to the CAB. However, these types of claim are very difficult to bring as the employer holds all the cards (i.e. only they will know why they dismissed your OH then rehired at a similar job 6 months later).

McDuck

I am unaware of any legislation that states that you can not rehire until a 6 month period has elapsed. I am nt suggested this is a good or a bad thing.

If I am advising employers, the point that the previous poster makes about the 3 month time limit is one that I draw their attention too to aid their descision making on replacing (hopefully with a different role) a redundant role or not.

tigtag02

tigtag02 wrote: »

why, do you not agree?

:wave:

Didnt actually mean for this to sound as abrupt as it could appear to (did you LV?)

I was always under the impression that employers cannot rehire for the same role for 6 months after it has been made redundant.

Is this not actually correct?