I was made redundant 4 months ago?

Question

and have found out that the company has readvertised my position can they do this?

Answer 1

It was not you that was made redundant, it was the position that you held in the company. Therefore, if after a short space of time they re-advertise your position, then this contravenes employment law. I would strongly recommend that you get a good lawyer, who specialises in employment law and within about 10 minutes he/she will tell you if you have a case. If you do have a case, then you should sue their ars.es off. If you have a strong case and your lawyer does recommend that you go to a tribunal, what you get will largely depend upon the company that you worked for. If you worked for a very small company, they will not be in a position to pay out much and they will have more of a case if they argue that their business priorities have changed. Also, be sure to keep hold of the evidence that they are advertising your old position.

Added later:

- I am assuming you are in the UK
- I am asuming that you were an employee, not a contractor or freelance.
- I am assuming that you worked for the company for at least 2 years.

Extract from DTi guidelines on redundancy:

Redundancy means that your dismissal was caused by your employer's need to reduce his or her workforce. Redundancy may happen because a work place is closing down, or because fewer employees are (or are expected to be) needed for work of a particular kind. Normally your job must have disappeared. It is not redundancy if your employer immediately takes on a direct replacement for you. But it will not matter if your employer is recruiting more workers for work of a different kind, or in another location (unless you were required by contract to move to the new location).

The most important element is what timeframe is implied by 'immediately takes on a direct replacement'.

Answer 2

in case you had labored there for greater effective than 2 years, have been made redundant, and then 4 months later somebody else has been taken directly to do your previous interest, then probably you ought to have a declare. in case you have been there below twelve months, you have no longer any declare. in case you labored there for between a million and a pair of years, your threat is not any longer large. yet once you will been there 2 years or greater that's worth speaking to a solicitor or the CAB approximately making a declare for unfair dismissal. in spite of the undeniable fact that it's not an straight forward case to teach. If the guy taken on now's no longer doing the appropriate comparable interest, only comparable, then the business enterprise might have a fashion out. additionally in the event that they are able to teach that they acted quite for the period of, then they are going to be in the clean. it must be that employer grew to become into suffering a downturn and which you had to be made redundant for the stable of the employer, and now employer has picked up which demands greater team. in the event that they are able to teach which you have been chosen particularly for redundancy and that they acted quite in making you redundant, they might have a defence. yet as I say, in case you will been there 2 years or greater and sense somebody is now doing the interest which you have been made redundant from, then choose for it...make a declare for unfair dismissal.

Answer 3

There is a time limit on how long they must leave the job vacant before filling it. The one up from me said that they can do this is wrong. If they sack you they must give reasons, if they make you redundant they can do it without reasons but not replace you within a set time. Find out the time and you will have your answer! Were you a member of a union, they defend this sort of thing.

Answer 4

legally i don't know, were you given redundancy pay? first port of call should be the company if you don't like what you hear then i would approach the citizens advice bureau. Failing that hit me back and i can ask my wife she works in an accountants that have a few top lawyers on her books and give free advice , they saved me a small fortune on inheritance tax last year when my dad passed away

Answer 5

Maybe you should start looking for another job. A company has a right to replace you if they feel you are not a good fit. You have a right to find a new job if you don't like the work. It goes both ways. I guess they already think you're not right for the job.

Answer 6

Have you been looking for a job for the last 4 months? You should have been. Get going.

Answer 7

Yes they can. It's legal.