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job being readvertised following redundancy

(3 Posts)
manechanger Wed 19-Nov-14 09:03:24

hi, my dh and his small team were made redundant about a month ago. A woman who worked for him has seen her job re advertised albeit in a new location. They were all due to be relocated until their section of the company was merged and they were all made redundant. Hers is the only job re advertised, I suspect that they found they did need that bit of work done but wouldn't ened the whole team. They haven't contacted her.

after looking on google it seems she has 3 months to look at an employment tribunal to sue for unfair dismissal. Morally I would expect them to offer it to her with a relocation offer but I'm not sure if they have to legally. That would be for CAB to decide.

MY QUESTION IS THIS:
If you sue for unfair dismissal do you get a payment or would it just to be to get her job back? After the way they were treated I'm not sure she would want it but obviously if it were proven to be unfair dismissal a payment would come in very handy for her.

prh47bridge Wed 19-Nov-14 09:35:15

It is rare for a tribunal to order the employer to give the employee her job back. They almost always award compensation if the claimant is successful.

The law does not lay down any period within which a job cannot be re-advertised following redundancy. All the employer has to show is that the job was redundant at the time. If things have now changed and the post is needed again they can re-advertise. She is, of course, at liberty to apply for this job if she wants. An employment lawyer would give better advice but I suspect she doesn't have a claim.

manechanger Wed 19-Nov-14 10:25:08

thanks that's helpful, i'll let her know.

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