Re-employment at a business previously made redundant

[sleep envy]

I was made redundant in June and have had a few months off whilst having a casual attitude about looking for work.

I'm ready to get back into the land of the living and have made a start in earnest at finding myself a new job - whether permanent or contract I don't mind.

I spoke to an agent today about a job which sounded perfect given the current climate - so perfect that I thought it too good to be true.

Funnily enough I found out that they were advertising my old job, and more specifically, to complete the projects that I left when I was made redundant. By the sounds of it they're in the ste and are at risk of losing their account for this particular client.

I know that they've recently lost another major client as I was told at an interview with said client earlier this week.

I have also since learnt that they have 2 people leaving (1 due to retirement and another who is moving abroad)

I am aware that the business who made me redundant have a requirement to contact me and offer me the jobs but they've failed to do so. Being mindful that rocking the boat in an industry is not a good career move and trying to bully my way back into my old job will create issues which will make my return there extremely unpopular with the higher echelons of the business I'm tempted to make them a little worried that they haven't behaved professionally or in accordance with correct redundancy procedure.

Any suggestions?

[shirt]

do you want the job? is there someone you can speak to in a senior position who can mediate?

happens all the time here, people swapping contract for perm, retiring and coming back as a contractor etc.

people usually hear of their old job vacancy then contact the relevant manager or someone friendly with them to tell them they're interested. as long as both parties are happy and they know you're not out to make waves then HR are told how its going to play.

[jamoor]

What exactly do you want here?
Your old job back?

[sleep envy]

that's missing the point though - I should have been contacted about the job before it got to the agency!!

would I want my old job back? not as a permie, I sucked enough balls when I was there last time for little or no thanks

if I'd be going back into that office I'd charge on an hourly rate which would be handy as I know there's enough work to keep me busy until Feb which is when the budgets get set and I could then cherry pick my own contracts

[Deva Link]

sleep envy said:

I am aware that the business who made me redundant have a requirement to contact me and offer me the jobs

Is that really true? Never heard that before.

I did have a (large multi-national) customer who made some people redundant only to win a major order a month later and have to take them back on. They said they all kept their redundacy packages.

Couldn't you just 'phone the company up and say you're still looking for work - anything going? (If you want to go back, of course).

[sleep envy]

Deva Link said:

Couldn't you just 'phone the company up and say you're still looking for work - anything going? (If you want to go back, of course).

absolutely but I just want to know what's what before I pick up the phone and speak to the managing partner

[shirt]

sleep envy said:

that's missing the point though - I should have been contacted about the job before it got to the agency!!

smacks of a HR fk up / embarrassment rather than anyone in the know. My point being its better to bypass them and state your position to management rather than risk misinterpretation if you're worried about how it might look re: rocking the boat/bullying your way in. HR will follow suit, whereas if they try to cover their arse to the bosses after you enquire through them [HR] then it might play differently.

Edited by shirt on Thursday 3rd September 16:28

[sleep envy]

fair point shirt, ta

[Kermit power]

EP2Nick said:

Is it not illegal for an employer to recruit for a position which was made redundant for 6 months after making someone redundant?

That is my understanding too.

Assuming you told them, how did the agency react when you told them this was the exact position you were made redundant from 3 months ago?

[blindswelledrat]

Kermit power said:

EP2Nick said:

Is it not illegal for an employer to recruit for a position which was made redundant for 6 months after making someone redundant?

That is my understanding too.

Assuming you told them, how did the agency react when you told them this was the exact position you were made redundant from 3 months ago?

My understanding of it is that it is not illegal as such, but emplying someone else renders the position no longer redundant thus they have falsely dismissed the previous employee as opposed to making them redundant i.e. if they fill your position then they can be sued for false dismissal.
I thought it was a year too, and not 6 months.
However, Im guessing that in this instant they could simply argue that they are replacing one of the others that are imminently leaving as opposed to hiring extra staff.

• not a lawyer- treat as mere internet words*

[sleep envy]

Kermit power said:

Assuming you told them, how did the agency react when you told them this was the exact position you were made redundant from 3 months ago?

they couldn't put the phone down quick enough after telling me that I had to speak to the HR dept...

[sleep envy]

blindswelledrat said:

However, Im guessing that in this instant they could simply argue that they are replacing one of the others that are imminently leaving as opposed to hiring extra staff.

different markets, of the two guys one is a heritage specialist and the other is a development surveyor

they're recruiting for a retail specialist

[Deva Link]

sleep envy said:

blindswelledrat said:

However, Im guessing that in this instant they could simply argue that they are replacing one of the others that are imminently leaving as opposed to hiring extra staff.

different markets, of the two guys one is a heritage specialist and the other is a development surveyor

they're recruiting for a retail specialist

I wouldn't get too wound up in the detail here - it's a very complicated area and all the employer has to show is that the needs of the business have changed.

[Engineer1]

EP2Nick said:

Is it not illegal for an employer to recruit for a position which was made redundant for 6 months after making someone redundant?

A company with a good legal advisor will find a way around that, old job Project Manager, new job Project supervisor with a rejig of the role?

[edc]

There is no requirement to contact you on an on-going basis about any jobs that might be related to yours. Likewise, if there was a genuine redundancy at the time then there is nothing to stop them recruiting the same or a similar role at any point in the future. If you want the role then there is nothing to stop you putting yourself forward.

[sleep envy]

Deva Link said:

I wouldn't get too wound up in the detail here - it's a very complicated area and all the employer has to show is that the needs of the business have changed.

would that be the case even if I picked up my old projects?

spoke to a friend who still works there, he said that the client is going ballistic as they haven't had any statements since June (the last ones I wrote the week I left) and they don't have anyone who can pick it up

[bonsai]

sleep envy said:

Deva Link said:

I wouldn't get too wound up in the detail here - it's a very complicated area and all the employer has to show is that the needs of the business have changed.

would that be the case even if I picked up my old projects?

spoke to a friend who still works there, he said that the client is going ballistic as they haven't had any statements since June (the last ones I wrote the week I left) and they don't have anyone who can pick it up

why would a company make someone redundant when they still had numerous projects on the go that are presumably profitable (considering there's clients going ballistic)?

Madness

[sleep envy]

edc said:

There is no requirement to contact you on an on-going basis about any jobs that might be related to yours.

ok, ta

edc said:

Likewise, if there was a genuine redundancy at the time then there is nothing to stop them recruiting the same or a similar role at any point in the future.

I'm starting to think that maybe that their decision to make redundancies wasn't entirely openhanded

edc said:

If you want the role then there is nothing to stop you putting yourself forward.

the more I find out about this the more it leave a bad taste in my mouth, I'm more than likely going to leave this one alone

[sleep envy]

bonsai said:

why would a company make someone redundant when they still had numerous projects on the go that are presumably profitable (considering there's clients going ballistic)?

Madness

indeed, this is making me question myself for going back

cheers all, I think I've worked out the answer

[Mattt]

Ric, I'm sure there's always a position open for you at T