Redundant - now the company has hired someone new?
Discussion
Not 100% sure whether this should be here or in SP&L - Im sure it will be moved appropriately.
I was made redundant approximately 6 weeks ago - which quite frankly took me by suprise. The redundancy list was effectively 1 person - me. (As I worked in a department of one however there wasnt too much that could be queried on that score)
I've just this afternoon been informed that a direct replacement for me has started today.
So my first thought is that a company cant legitimately hire a direct replacement for a redundant staff member so soon - (Google seems to tell me 6 months is the period that they can legitimately hire after)
Assuming thats the case... who do I start talking with?
Will be having a chat with some of my friends remaining there this evening for all the details however their messages this afternoon have been pretty specific about this being a direct replacement.
Some guidance by anyone with experience would be VERY welcome.
I was made redundant approximately 6 weeks ago - which quite frankly took me by suprise. The redundancy list was effectively 1 person - me. (As I worked in a department of one however there wasnt too much that could be queried on that score)
I've just this afternoon been informed that a direct replacement for me has started today.
So my first thought is that a company cant legitimately hire a direct replacement for a redundant staff member so soon - (Google seems to tell me 6 months is the period that they can legitimately hire after)
Assuming thats the case... who do I start talking with?
Will be having a chat with some of my friends remaining there this evening for all the details however their messages this afternoon have been pretty specific about this being a direct replacement.
Some guidance by anyone with experience would be VERY welcome.
Unfair dismissal claim is bekoning. I know someone who was contacted by their old company and asked to come back on contract, which would be a fairsih moral compromise.
I asked a question in my first of 3 one to one meetings about a 40% redunadancy chance. (I'm in a pool of 5 where 2 will go)
I asked "If your sales forcasts turn out to be a bag of s
t, because customers have 'gone short' (they don't tell you what they want until they need it) would you contact me with a view to re-employing me on a contract or permanent basis"
The answer ? "If the company is recruiting exturnally in future, there is nothing to stop you reapplying, and we will of course consider your application"
So No then.
I asked a question in my first of 3 one to one meetings about a 40% redunadancy chance. (I'm in a pool of 5 where 2 will go)
I asked "If your sales forcasts turn out to be a bag of s
t, because customers have 'gone short' (they don't tell you what they want until they need it) would you contact me with a view to re-employing me on a contract or permanent basis" The answer ? "If the company is recruiting exturnally in future, there is nothing to stop you reapplying, and we will of course consider your application"
So No then.
On the face of it looks like unfair selection for redundancy to me. You have three months to apply to ET if you had over a year's service at the point of termination.
Beware - often businesses change a few terms and conditions and claim the new job isn't the same as the old one - hard in a department of one I'd have thought
Beware - often businesses change a few terms and conditions and claim the new job isn't the same as the old one - hard in a department of one I'd have thought
swerni said:
Road Pest said:
The employer can't make you redundant and then employ someone to fill the role. Were you having difficulties in the role or with the company?
if he signed a compromise agreement they canRoad Pest said:
swerni said:
Road Pest said:
The employer can't make you redundant and then employ someone to fill the role. Were you having difficulties in the role or with the company?
if he signed a compromise agreement they canIf he has then he has signed all rights away and the company can do what they want, I have already been contacted a couple of times about my previous role, but as i signed and got the payout, there is nothing i can do at all.
Until that is answered there is no point saying unfair dismissal, etc...
Dupont666 said:
Road Pest said:
swerni said:
Road Pest said:
The employer can't make you redundant and then employ someone to fill the role. Were you having difficulties in the role or with the company?
if he signed a compromise agreement they canIf he has then he has signed all rights away and the company can do what they want, I have already been contacted a couple of times about my previous role, but as i signed and got the payout, there is nothing i can do at all.
Until that is answered there is no point saying unfair dismissal, etc...
then give my mate richburley a ring he specialises in Employment law:
www.burleyslaw.co.uk
tell him simon sent you.
he here:
http://www.pistonheads.com/gassing/profile.asp?mem...
www.burleyslaw.co.uk
tell him simon sent you.
he here:
http://www.pistonheads.com/gassing/profile.asp?mem...
Edited by Dupont666 on Monday 25th May 15:37
Dupont666 said:
then give my mate richburley a ring he specialises in Employment law:
www.burleyslaw.co.uk
tell him simon sent you.
he here:
http://www.pistonheads.com/gassing/profile.asp?mem...
First job Tuesday morning www.burleyslaw.co.uk
tell him simon sent you.
he here:
http://www.pistonheads.com/gassing/profile.asp?mem...
Edited by Dupont666 on Monday 25th May 15:37
TheLemming said:
Dupont666 said:
then give my mate richburley a ring he specialises in Employment law:
www.burleyslaw.co.uk
tell him simon sent you.
he here:
http://www.pistonheads.com/gassing/profile.asp?mem...
First job Tuesday morning www.burleyslaw.co.uk
tell him simon sent you.
he here:
http://www.pistonheads.com/gassing/profile.asp?mem...
Edited by Dupont666 on Monday 25th May 15:37
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