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Job Advertised after Redundancy

14 replies

AnnoyedandPissedOff · 29/05/2024 14:53

Nearly posted this in AIBU!

Its long and very much in a getting it off my chest style

TLDR - made redundant , job readvertised 6 weeks later, any recourse (age/disability discrimination - see item (d) and (e) at the bottom)

I was made redundant 2 months ago (last day of employment was 31 March). I'd been employed for 12 years

The process was a bit 'odd' - there was no consultation, I didn't get formal notification, was told by a colleague I was on 'the list'. and then on tenter hooks until I was called into the office for the chat. It was basically a foregone conclusion. Employer wanted me out. I had no choice in the matter. I either took the package offered or I would have to take statutory redundancy and there was a significant variance. I did have legal advice. I took redundancy.

The tasks I was undertaking were either left to not get done or handed over to someone with little/no experience in my role. The tasks still required doing. The department I was in went from 1 full time and 3 part time to 1 full time plus an adhoc consultancy role.

Today the company has advertised for someone to do the exact same role I was doing. In fact I think I wrote the job description.

As it was obvious that the role was still required I was some what sanguine at the time as my face obviously no longer fit - but I did think that the company would recruit, but probably not until July/August time - ie a decent length of time.

There has been no communication to the wider organisation that I have left the company. I've just disappeared. Which is difficult as I live within 5 miles of my old employer and have to 'explain' when ever I come across an ex colleague in the two where I live. Its now going to be worse as it looks like I was doing something wrong and was 'got rid of'. And to any potential employer googling the same role I was doing will come up and no doubt questions asked.

I am mightily annoyed (well actually upset). I don't believe I have any recourse to an employment tribunal as they can advertise posts as they see fit, as and when.

But :
(a) I had no disciplinary events against me (never have).

(b) I never took time off sick (3 days of sick in 12 years)
(c) There was no improvement plan in place (or indeed expired) - all annual reviews/interactions with managers/directors were positive.
(d) I am 'older' - nearly 60
(e) I have a blue badge (although not on any disability benefits), my 'disability' was well known within the company (from the top down) but no modifications were required so no formal notification undertaken.

To make it worse it's an organisation that relies heavily on a volunteer workforce and for the last month I've been volunteering (different role). My OH did say that I was mad to do this. I obviously I am - and I won't be volunteering anymore.

Is there anything I can do apart from write to the CEO to express my disgust/disappointment? Is there anything to be gained via the Equality Act?

OP posts:
DelphiniumBlue · 29/05/2024 14:58

Does the wording of the settlement agreement rule out you taking this further?
Youd need to check that and then review with an employant lawyer or ACAS.

Mindymomo · 29/05/2024 15:01

Contact ACAS, I always thought they couldn’t advertise the job for 6 months.

Lumpalicious · 29/05/2024 15:02

As far as I know you can’t advertise the same vacancy after redundancy until after 6 months. Speak to ACAS.

atticstage · 29/05/2024 15:04

Its now going to be worse as it looks like I was doing something wrong and was 'got rid of'. And to any potential employer googling the same role I was doing will come up and no doubt questions asked.

Do you work in a particular role where employers are likely to go to those lengths to research who and when filled your post subsequently? I don't think we've ever done that, I wouldn't necessarily even expect to be able to find it out from Google and I'm not sure I could be bothered going to those lengths anyway.

If you write to the CEO those written words might come back to haunt you. I would focus on moving forward and definitely not volunteering for an organisation that's treated you shabbily. The best revenge is leaving them behind and having a happy future without them.

AnnoyedandPissedOff · 29/05/2024 15:19

Lumpalicious · 29/05/2024 15:02

As far as I know you can’t advertise the same vacancy after redundancy until after 6 months. Speak to ACAS.

no, they can advertise immediately if they want, although they would be daft to. I thought they'd wait 4 months, but they've not waited 2. My old boss was was left single handedly manning the ship to to speak is very happy to be getting help.

OP posts:
AnnoyedandPissedOff · 29/05/2024 15:21

atticstage · 29/05/2024 15:04

Its now going to be worse as it looks like I was doing something wrong and was 'got rid of'. And to any potential employer googling the same role I was doing will come up and no doubt questions asked.

Do you work in a particular role where employers are likely to go to those lengths to research who and when filled your post subsequently? I don't think we've ever done that, I wouldn't necessarily even expect to be able to find it out from Google and I'm not sure I could be bothered going to those lengths anyway.

If you write to the CEO those written words might come back to haunt you. I would focus on moving forward and definitely not volunteering for an organisation that's treated you shabbily. The best revenge is leaving them behind and having a happy future without them.

Maybe I'm paranoid!.
I'm thinking not to write, as I still need a reference from them and don't want to burn bridges.

OP posts:
AnnoyedandPissedOff · 29/05/2024 15:24

theemmadilemma · 29/05/2024 14:58

Possibly, but you would need to prove unfair dismissal I think.

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

Have a read of that.

Thanks !Yes, I read this when I was googling. I was surprised that there is nothing to stop an employer making someone redundant and then advertising the role almost straight away.

My settlement agreement talks about having to pay ex employers costs if I want to make any further claim (which potentially I could loose).

OP posts:
AnnoyedandPissedOff · 29/05/2024 15:24

DelphiniumBlue · 29/05/2024 14:58

Does the wording of the settlement agreement rule out you taking this further?
Youd need to check that and then review with an employant lawyer or ACAS.

I think it does unfortunately. I need to re read it when my head is a bit clearer.

OP posts:
BlackBean2023 · 29/05/2024 15:27

Did you leave under a settlement agreement? If so, I'm afraid you will have little recourse to make a claim.

If you didn't leave under settlement ... As you 'took' redundancy I am assuming this would be considered a voluntary resignation with a compensation package- the company did not dismiss you. Therefore you would need to claim constructive dismissal (hard if you've opted for VR even if the process was 'odd') or discrimination (again, hard unless you can evidence that your original at risk status was due to one of your protected characteristics).

There's no minimum period to readvertise a role previously at risk of redundancy. All the company would have to prove - on the balance of probability - that at the time of consultation there was a reasonable belief the role would cease or diminish.

caringcarer · 29/05/2024 15:49

Mindymomo · 29/05/2024 15:01

Contact ACAS, I always thought they couldn’t advertise the job for 6 months.

Definable go to ACAS and put in a formal complaint. You may be entitled to compensation or your job back.

Bankholidayhelp · 29/05/2024 16:00

BlackBean2023 · 29/05/2024 15:27

Did you leave under a settlement agreement? If so, I'm afraid you will have little recourse to make a claim.

If you didn't leave under settlement ... As you 'took' redundancy I am assuming this would be considered a voluntary resignation with a compensation package- the company did not dismiss you. Therefore you would need to claim constructive dismissal (hard if you've opted for VR even if the process was 'odd') or discrimination (again, hard unless you can evidence that your original at risk status was due to one of your protected characteristics).

There's no minimum period to readvertise a role previously at risk of redundancy. All the company would have to prove - on the balance of probability - that at the time of consultation there was a reasonable belief the role would cease or diminish.

Yep, under a settlement agreement...

Just mightily pee'd off.

Bankholidayhelp · 29/05/2024 16:02

caringcarer · 29/05/2024 15:49

Definable go to ACAS and put in a formal complaint. You may be entitled to compensation or your job back.

I will tomorrow, going to do a timeline tonight so it's clear in my head

prh47bridge · 29/05/2024 16:08

caringcarer · 29/05/2024 15:49

Definable go to ACAS and put in a formal complaint. You may be entitled to compensation or your job back.

No, OP won't be entitled to either. She tells us she left under a settlement agreement. That is not really a redundancy and it means she has given up her right to take her employer to tribunal. She has no right to any compensation beyond the payment she has already received, and she definitely does not have the right to get her job back.

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