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DH is being made redundant and has just seen his job advertised in local paper!

(11 Posts)
sandyballs Thu 31-Mar-05 17:24:34

Surely they can't do this! I was under the impression that if a company makes someone redundant they cannot employ somebody in that job for 12 months. These cheeky bastards are actually advertising his job before he leaves it.
He is a printer and has been told that the printing side of the business is being closed down as it is not very profitable, hence the redundancies.

We need to know where he stands legally on this and I wondered if there is anyone knowledgeable on this particular subject out there before he heads to the Citizens Advice Bureau.

Tinker Thu 31-Mar-05 17:32:24

I thought that to be made redundant meant that the job ceased to exist. I'd get some advice on this.

Twiglett Thu 31-Mar-05 17:37:34

redundancy means the job no longer exists, and the company should try a consultation period, and attempt to re-employ person elsewhere within company

being sacked has procedures they must follow -warning, written warning etc

they cannot re-employ someone in the same position - although they can be sneaky and change the job description and title and argue their case

sounds illegal to me I would take further advice (check your house insurance legal cover - this could cover a solicitor for you)

coppertop Thu 31-Mar-05 17:39:40

I'm no expert but I too thought that the job had to cease to exist otherwise you are technically just sacking the person rather than making them redundant. Take a copy of the advert (keeping the date at the top of the page), make a list of your dh's duties and see a solicitor.

Fio2 Thu 31-Mar-05 17:41:56

thats illegal

even i know that!!!

Snugs Thu 31-Mar-05 17:45:46

definition of redundancy

Note the fifth line "It is not a plausible redundancy if your employer immediately takes on a direct replacement for you"

sandyballs Thu 31-Mar-05 17:55:02

Thanks everyone. I feel really outraged on his behalf. I've always thought his boss was a sneaky tosspot but this is unbelievable. I do wonder if you are right Twiglett - about changing the job description slightly to re-employ someone else on less money.

sis Fri 01-Apr-05 19:22:28

Yes but even if they have changed the job description a bit, they should still have consulted your husband about his suitability or otherwise for the new job.

Keep a copy of the advert - ask them if there any vacancies at all that he could apply for and if they say no, write in with a grievance to say that he was told there were no vacancies but your husband understands that there is a vacancy for a very similar job to his - if they still deny it then show them the advert and ask about it. Your husband must raise a grievance before he can make a claim to a tribunal.

crunchie Sat 02-Apr-05 19:10:58

One quick thing though, is he getting a decent payoff?? The reason why I ask is that he wouldn't want to work there after this anyway, and he cold get another job elsewhere, so it could be a bonus Seriously I tried to get made redundant, gut managed to get them to pay me off (they wanted me out with no grounds to sack me except personality clashes) Then I found another better job, and had £9K in my pocket!!

I am not saying forget it, but dcide if the fight is worth it. Other potential employers won't want to know about someone in the middle of a court case.

Punnet Sat 02-Apr-05 20:11:27

I'd recommend the CAB- DH managed to get back pay (ex boss couldnt be bothered to pay him) plus a pay off for wrongful dismissal from aboss that did this habitually with the help of those wonderful people there. As I was 37 weeks gone, I was relieved! Good luck X

tribpot Sat 02-Apr-05 21:07:17

Is he a member of a union? Definitely worth consulting with them if he is.

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