as some of you may know, ive been out of work since april..upon being made redundant i was promised if my job sould become avaliable again i would be first back no problem..well its come avaliable again..and have i been offered my job back..have i ***** they have given it to someone else who has never worked there.

propper pissed off

 

Is that legal?

 

dont know mate..

 

This just happened to my mrs, She was lucky and had found another job but she is now looking into unfair dismissal. They are obliged to offer you the chance to re apply by law, I forget the time restraint but it might be worth making a phone call.

 

As I thought, I was told it was constructive dismissal.

 

who do i contact?

 

Call the CAB, they will be able to advice you on the next steps to take. They offer clinics for legal advice to.
If you can find a no win no fee employment brief it might be worth giving them a shout to.

 

cheers..ill look into it

 

It is 6 months which you may just be within -- you have to be careful though as most employers will just create a slightly different job title to get around the restriction.

Steve

 

True




VERY TRUE

 

Have you contacted your (ex) employer regarding this, they may well have thought you have moved on and got another job.

 

a guy i used to work with blew his load into the bosses coat pocket, dunno how they would help your situation but it may make you feel better!

 

If you own a house and have insurance, check and see if you have legal cover as it will usually cover employment disputes such as this. Good luck.

 

they know i dont have a job, my bro works there too

 

I can imagine how you feel

 

I wouldnt be surprised if the new guy is doing it for a lower rate of pay then you were which is why they have offered him your job.

 

they seem like **** holes mate they have waited till the 7th month by law its 6 months for them to let you re apply. but after that its open to all . but very harsh.

 

Don't know much about your situation but just because your brother works at the place and he has obviously told them i would have thought you still don't have a job,But have you actually contacted them yourself about this and talked about it.What is the reason they didn't offer you your job back,etc etc...Sounds a bit sh1te to me especially if you was good at your job,but must be a reason why they didn't offer you the job back so maybe it might be worth trying to find that out first,or write them a letter...

 

Just asked my GF about this, she's a HR Director for a large multinational and she says its completely legal. It's immoral but legal. You've had compensation for losing your job in the form of a redundancy payment. I'm afraid to say the company concerned have no obligation to re employ you unless of course you have it in writing that you would be re employed if that chance ever arose.

Sorry fella.

 

There is no 6 month rule, the timescale is not set in law. Your employer could have taken someone on the next day but it would make an unfair dismissal claim very hard to defend.

Talk to the CAB and ACAS (Acas - How can we help?) for advice. You possibly have a case but given the timing it's not that clear cut, I'm afraid.

Good luck with it, though.

 

cheers for all you comments guys..im defo gonna look further into this and get some advice. i had nothing in writing to say i would be given my job back just a promise...(haha) they had no issues with my work, i can do the job no problem. i can only put it down to the new person agreeing a lesser wage than i were getting, but even then it would have been nice to be asked if i could take a pay cut.
goes to show that your not a valid member of the work force as they tell you..your just a worker..and they couldnt give a ****. (imo) obviously im not saying all companies are the same, im sure some of you are valued at your place of work..but everywhere ive worked there has been no loyalty involved from the employers point of view

 

welcome to the world of modern day employment rights

i would imagine if the Tories get in they will become even worse -- in the name of competitiveness off course

good luck -- but you need to be careful you dont go on some sort of trouble makers register

then you may find it even harder to get another job

 

Yes, my understanding as well