Job advertised after redundancy

[ilovetomatoes]

Hi all, I was made redundant last year and have found out my job has been advertised. Is it worth going to a tribunal for this? Any advice welcome.

From a google you are unlikely to have a case unless it's very recent - 3 months or less from further reading.

https://lighterhr.co.uk/blog/how-soon-after-redundancy-can-i-rehire/

There is no time limit as to when a job can be re-advertised following a redundancy, however the business should be able to prove when challenged that the business situation has changed (for example if you work in sales and are made redundant, then they win a massive new client who provides them with tonnes of work, therefore they need someone in sales again). They would need to be able to prove that they couldn’t have foreseen those circumstances when they made you redundant and that it wasn’t in the pipeline already. If they can do that, then it is legal and there isn’t much you can do unfortunately.

I can understand why you feel this way though. Do you think that the business situation has changed so much that they need to genuinely rehire for your role? And is it exactly the same?

It’s generally six months op, so when were you made redundant and when is the position starting. I’d assume they meet the criteria.

Very conveniently I left at end of September and they advertised the role in early April.

When I was in role the manager advertised my role. I challenged her, she took it down then made me redundant. So she wanted me out.

You are out of time I’m afraid. Have you got another job? Best plan is just to move on and be happy.

I agree - your old manager relationship doesn't sound pleasant and it is definitely for the best that you aren't there anymore. Move on and find happiness in a new workplace.

Only time limit is the 3 months to bring a claim if you felt it was a sham redundancy. Employers are free to recruit the same role within weeks of making it redundant (not uncommon to lose a big client, then win one very shortly after etc).

Ok thanks everyone. I was hoping I might be able to get some more cash out of them but clearly not.

Yes I did.

@podcaster my last day was end of September. The process started before then.

Given that your job was advertised while you were still in it, you would probably have had a claim for constructive dismissal, but unfortunately you are also out of time for that. Not saying that to rub it in, just for future reference!