New positions after redundancies/hours reductions

[Tanif]

Hi there.

I was wondering if anyone knows the legalities regarding the creation of new posts within a firm that has downsized for financial reasons.

The company that I work for had a financial crisis just before christmas last year. Three or four people were made redundant and two of us had our hours reduced to three days per week from five. The implication was that when business improved, so would our hours.

The company has recent begun interviewing for a new full time post. I have queried whether, in light of this, my hours can be raised to full time or even four days per week, however I got a response that, in one sentence, said this was 'not financially possible at the present time'.

Is this allowed?

You say the 'implication was that when business improved so would our hours', but was there nothing in writing about this being a temporary change or a review date or anything?

If not you don't have any right to insist on an increase to your current hours. Is this new post doing exactly what you do? If so it seems strange not to first increase the hours of existing staff before reviewing what else is needed and recruiting on a part time basis.

It's perfectly possible for it not to be financial possible to sustain a new full time post and an increase in current staff costs. So the only question is whether the duties of this new person could be covered by increasing your hours/those of other team members and working out why they don't want to do that.

The post is exactly the same job as that carried out by myself and the other person who had their hours reduced. This is what I find so puzzling. The new job attracts a salary of £20k, however to put me and my colleague back on full time hours would only cost £15.5k.

Did you have anything in writing about the decrease in hours being temporary dependent on business performance?

Have you asked why they prefer to recruit a new person rather than increase the hours of the people they have?

What about if you and your colleague apply for the new job?

Are you in a union?