How long before your job can be re-advertised?

[Wedgie]

Hi, I am under threat of redundancy right now, and to cut a long story short, was wondering how long an employer has to wait before they can re-advertise your position? I assume there are ways they could get around this with creating revised job titles; different reporting lines etc. I read somewhere it's 6 months but I'm not sure. Short-term cost cutting is behind this but I'm convinced that once the economy picks up they will need someone to do the job I'm already doing!! ARGHH, nightmare, Flowerybeanbag, could you help with this one? Thanks everyone.

There's nothing specific however the following should be born in mind:

The redundancy must be 'genuine', so if the basis for redundancy is that there is no need for the role anymore, if there is a situation where it is clear this is a very temporary blip, and the employee believes that it isn't a genuine redundancy, obviously they can consider claiming unfair dismissal.

However the time limit for claiming unfair dismissal is three months.

So in practice, as long as the redundancy is genuine at the time, if there is a dramatic and unforeseen turn of events 4 months afterwards, the employer could potentially re-recruit without a problem.

Do you have actual reason to believe things are going to pick up very shortly? Like a new contract you know is coming or similar? 'Once the economy picks up' is vague and in itself wouldn't be reasonable belief that the redundancy wasn't necessary.

If you do think it's very short term where you are, are you/colleagues proposing alternatives in the interim to keep you in work? Pay cuts, hours cuts, unpaid leave or similar?

Thanks Flowery, no I don't really have anything concrete I could quote as to how long or short term it would be.

We are starting consultation meetings this week and I have a raft of proposals for them.

On the same subject, in your opinion, do you think it's reasonable that they are claiming they are not applying the Company selection criteria (for redundancy) because that only applies where there is a pool of employees to choose from. As they are proposing to shut an entire dept they say it doesn't apply. Even though, as the firm is in manufacturing, the natural distinction is always the shop floor and the offices. I am in the offices but they don't want to apply the criteria across the offices. The selection criteria mentioned is quoted in their company handbook under the 'redundancy' section though it seems they choose whether to apply it or not!

Selection criteria should be applied if possible, but it would normally only be possible to apply them when deciding who to select to make redundant from a group of at risk employees, in pools as you mention.

If they are shutting an entire department it seems unlikely that they could apply any normal criteria as surely it's a case of everyone in that department being made redundant, not a case of choosing between individuals?