Filling a position after Redundancy?
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From: Croydon (ish)
Filling a position after Redundancy?
Like many I was made redundant last year. How long does the employer have to NOT fill that role. (i.e if business picked up again and they required the exact same skills)
I've always assumed it to be 6 months. But can't find anything online. (Acas, Dircetgov, Berr) It's presumably to stop less scrupulous employers from citing Redundancy to unfairly dismiss staff.
I've always assumed it to be 6 months. But can't find anything online. (Acas, Dircetgov, Berr) It's presumably to stop less scrupulous employers from citing Redundancy to unfairly dismiss staff.
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From: Scotchland
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From: Scotchland
Best answer states;
Normally if you fill the post with someone else, without giving the original employee the chance of his job back first, after only 2 months then you will certainly be in trouble with the law for Unfair Dismissal. The penalty could well be many thousands of pounds, if not tens of thousands (depending on the exact circumstances).
Looks like 2 months to me
Normally if you fill the post with someone else, without giving the original employee the chance of his job back first, after only 2 months then you will certainly be in trouble with the law for Unfair Dismissal. The penalty could well be many thousands of pounds, if not tens of thousands (depending on the exact circumstances).
Looks like 2 months to me
i always thought it was 6 months aswell 
but i know if they need someone again within the time limit then they have to ask you .
not nice to be made redundant been 300 at mine last year i get fed up with people saying "im not bothered i hate it here "then when it comes down to it they dont put forward and volunteer and sit in the back squirming
but i know if they need someone again within the time limit then they have to ask you .not nice to be made redundant been 300 at mine last year i get fed up with people saying "im not bothered i hate it here "then when it comes down to it they dont put forward and volunteer and sit in the back squirming
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Have a butchers here mate.
Thank you for your reply.
If your "old" employer is looking to employ somebody in the position again it would save time and money with recruitment, selection and training if you they simply re-employed you. I would advise that you contact your old employer (follow up in writing) explaining your interest in returning to work for the company should a vacancy arise. I would include these details of whether you can be flexible with hours of work (e.g. part time/full time) or return on a temporary contract.
Your employer is under no obligation to re-employ you and there is no 3 month period which determines this either, unless of course there is something which the company outlines differently in your contract of employment/employment handbook - it's always worth checking your terms and conditions of employment.
Do let me know how you get on with this.
If your "old" employer is looking to employ somebody in the position again it would save time and money with recruitment, selection and training if you they simply re-employed you. I would advise that you contact your old employer (follow up in writing) explaining your interest in returning to work for the company should a vacancy arise. I would include these details of whether you can be flexible with hours of work (e.g. part time/full time) or return on a temporary contract.
Your employer is under no obligation to re-employ you and there is no 3 month period which determines this either, unless of course there is something which the company outlines differently in your contract of employment/employment handbook - it's always worth checking your terms and conditions of employment.
Do let me know how you get on with this.
Last edited by MMT WRX; Jan 27, 2009 at 06:42 PM.
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From: Croydon (ish)
Have a butchers here mate.
Originally Posted by other site
There is no legislation which determines when an employer can begin to recruit for a position again.
I should point out I do not know if my old position has been re-filled. And its probably just a little paranoia creeping in. Maybe I should just "be passing" one day and have a look.
Last edited by rr_ww; Jan 27, 2009 at 06:51 PM.
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To be honest I thought there had to be a 6 month waiting period, although I have heard of many occasions that a job has been re-titled to get round this rule.
I just did a google and found that site and quote and was a little surprised myself.
I just did a google and found that site and quote and was a little surprised myself.
Disclaw Publishing - Employment Law, unfair dismissal, redundancy pay
If the link has worked it would suggest there is no actual time limit, only that someone couldn't be taken on straight away to fill your actual job role. They could however take on someone else in a different role.
If you think you have been replaced straight away, you may have grounds for a case against them. It may be worth actually trying to speak to someone directly about this to get a definite answer.
If the link has worked it would suggest there is no actual time limit, only that someone couldn't be taken on straight away to fill your actual job role. They could however take on someone else in a different role.
If you think you have been replaced straight away, you may have grounds for a case against them. It may be worth actually trying to speak to someone directly about this to get a definite answer.
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From: Sunny Ilson
Looking at the relevant info there is no time and if there was they could change the job description and no one could do anything about it.
I suppose this isn't a bad thing, some dead wood are terribly difficult to get rid of, perhaps this loop hole was left there for a reason!
I suppose this isn't a bad thing, some dead wood are terribly difficult to get rid of, perhaps this loop hole was left there for a reason!
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From: Croydon (ish)
Thanks for the (very) complicated link.
Last edited by rr_ww; Jan 27, 2009 at 08:20 PM.
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