I got made redundant in December 05, Job re advertised ?

Question

I got made redundant in December 2005, in August 06 the Company that made me redundant has re-advertised my Old Position, I re -applied they state that they recieved my C.V but no further response what rights do I have ??

Answer 1

If you live in the UK, they cannot legally advertise for the same position until 12 months after they made you redundant.

If you think this is the case then i would think seriously about taking legal advice.

Answer 2

Hi,

As far as I am aware if you are made redundant then an employer is not allowed to re advertise the same job for 2 years!! You can contact ACAS on 0845 747 4747 they are a Government Body that deals with employment law! will advise you further.. I have heard that some firms will try to get around this by claiming that that position is held by a 'Self-Employed' person (whom they dictate hour ,wages and terms to. This is not actually Self Employment by HMRC status Teams definition and the Company would be in big trouble with the Revenue if they found out. )because they laughingly believe that there is a loophole in their favour

Answer 3

Your employer should have actively investigated the possibility of suitable alternative employment for you if you were facing with redundancy.you will have to have clear evidence that this was not the case, if so you could claim unfair dismissal, although this should have been done within 3 months. One issue will be the extent to which circumstances have changed since you left and whether the prospect of a suitable alternative job existed at the time when you were declared redundant.

Answer 4

Don't know the answer to your question, but have a look at http://www.armchairadvice.co.uk

It is a website which provides information for people who has been made redundant or been dismissed. There is lots of information there and I found it very useful.

There is also a forum and you can ask this same question there, I think they have some legal experts who will be able to help you.

Answer 5

As a lawyer that specialises in employment law I say you have no rights whatsoever, even if one week after you were made redundant they advertised your job, as long as they could show the redundancy was legitimate at the time, you would have no rights!

Answer 6

Well none really. If you were actually redundant then you were and that is it. Circumstances may have changed resulting in a vacancy but there is no way you can demand the job back. Maybe it was ploy to get rid of you??? If so they have got away with it.

Answer 7

Contact a lawyer or someone who specialises in employment law, they cannot re-advertise a post if it was gotton rid of through redundancy!

Answer 8

Contacting ACAS is your number one route. Then write to the company with the infromation you have and suggest they either re-empoploy you or give a settlement figure. If they respond negatively, contact ACAS again with the answer and a solicitor. You will also need to go forward to lodge a complaint against them (was industrial tribunal) and let them know you are doing this.

good luck
Mike

Answer 9

That is illegal mate, i suggest you get in touch with acas, or go on their website, you could have a case here, if the job advertised is exactly the same. look up employment law in a search. Hope this helps

Answer 10

After six months they can legally advertise your position and they have full filled this time limit. I am sorry it is a tough break. I hope you have found another job, because they don't sound as if they care very much about their employees.