Can an employer advertise vacancies whilst serving potential redundancies.?

Question

if an employer has served potential redundancies can they advertise for vacancies?surely if there is any vacancies with the company the people effected should be given first opportunity.

Answer 1

Yes you are right -

The people being made potentially redundant should be offered these positions first.

A company should do everything possible to avoid redundancy.

Even if the job is different to what you are doing now then they should offer you relevant training to get you up to speed.

if the job they are advertising is the same as yours - well speak to a lawyer - this is not right. You would probably have a claim for unfair dismissal!


Hope this helps!

Answer 2

It depends on the nature of the jobs subject to redundancy & those in the adverts. It's not automatic that people at risk of redundancy have a cast-iron right to be considered before or instead of anybody else for different jobs in a company. Unless of course there is a specific collective agreement to that effect between the firm and it's employees.
If what they are advertising are the same jobs, even if slightly changed or with a different title, the redundancies become questionable and you should consult someone, try CAB, ACAS.

Answer 3

I dont think they can advertise the same posts that they have just made redundant!!

An employer, however, can announce various justifications for redundancies. We need on what grounds your post was made redundant. If it was on the grounds of restructuring then they might be able to advertise for new staff. But i am not an expert, hopefully someone else will give you an expert opinion.

Answer 4

Correct me if I am wrong. It is the JOB that becomes redundant not the employee, therefore if the job goes, so does the person. Now if the job has gone ie the job is redundant, the job no longer exists, therefore the company cannot employ someone to fill a non existent vacancy, Logically redundancy cannot be used to sack someone.

Answer 5

No because the job has been made redundant (not the person). The people who have been made redundant have to be offered the position, but they still have to apply and get the job. Many companies make people redundant, change the job description slightly, and make the people reapply for their old jobs (on less pay).

Answer 6

Sometimes an employer will decide to upgrade certain jobs in restructuring the organisation and it may well be that existing employees don't meet the requirements. For example, the employer may well be fusing two existing positions so that the postholder will have qualifications, say, both in accounting and business management. Look at this link and, if it doesn't answer your questions, seek help through it. http://72.14.253.104/search?q=cache:i34Mbn_AxYEJ:www.adviceguide.org.uk/nm/index/life/employment/redundancy.htm+england+redundancy+notice&hl=en&gl=us&ct=clnk&cd=4

Answer 7

if relevant the people being made redundant should be offered the job. but if the person does not meet the required skill set this may not happen.
also if they advertise for same role within 6 months it needs to be offered to those who were made redundant.

Answer 8

I don't know about before, but I believe they have to advertise externally AS WELL AS internally, something to do with the ridiculous laws about equal rights and equality at work - everyone gets the same chance to get the position. On paper anyway.

Answer 9

Only if the advertisment has a different job title they can not readvrtise the same job otherwise ppl will have to apply for the possition withn everyone else hope this helps

Answer 10

In South Africa they cannot retrench someone and then replace them within 2 years.