Redundant position readvertised

[popsicle72]

Hi guys,

My girlfriend has been working for a small company since April 21st last year. At the beginning of March, her boss met with her to tell her they could no longer afford to employ her and would be giving her one month's notice - her employment would be ceasing at the end of March.

 

I know she has no redundancy rights as she has served less than a year but, I have two questions:

 

1. Her Contract of Employment states that she will be given 4 weeks written notice and she has yet to receive anything. Does this mean she has not yet received notice? And and advice on this point?

 

2. She believes her boss may ALREADY be advertising her post (probably at a lower pay scale). What is the situation regarding readvertising redundant posts where she has worked for the company for less than a year?

 

Anyone with legal knowledge of this area, your replies would be greatly appreciated.

 

Thanks.

[popsicle72]

Also, does her notice period count towards her length of service?

Edited March 17, 2009 by popsicle72

[godpikachu]

 

1. Her Contract of Employment states that she will be given 4 weeks written notice and she has yet to receive anything. Does this mean she has not yet received notice? And and advice on this point?

 

it means they have breached contract, if 4 weeks notice is supposed to be given, then it should be given.

was she actually made redundant or was she simplt sacked?, there is a MASSIVE difference here, because in the case of redundancy, it is not the person who gets made redundant, its the job, therefore the job should no longer exist, leading me on to...

 

2. She believes her boss may ALREADY be advertising her post (probably at a lower pay scale). What is the situation regarding readvertising redundant posts where she has worked for the company for less than a year?

 

does she have PROOF of this?, as belief and 20p means you have 20p.

Ideally you will need to have a job advert (from the paper or the dole office or whatever). If the job was made redundant then they have no business readvertising it, and as such your girlfriend can claim unlawful dismissal.

 

it sounds like a case for unfair dismissal/unfair redundancay, the problem is as she hasnt had 12 months experience it will be difficult in the extreme (see:- nigh on impossible) to be able to file for tribunal, although i could be wrong.

 

heres a plan of action to start with...

 

#1

Call ACAS and see what they have to say on the matter.

 

#2

Get your girlfriend to call her former employers and ask why they are advertising her old job when they said they couldnt afford to employ her, and to also ask why the job hasnt been offered to her at the lower pay rate.

[popsicle72]

Thanks for this Pikachu - we're both of the opinion that she won't have many rights regarding the dismissal, whether redundancy, sacked or otherwise given her length of service.

 

The main issues were regarding the serving of notice and readvertising of the position.

 

I will get her to call ACAS.

[godpikachu]

well, like i said, if she was made redundant, then her employer CANNOT readvertise the job, as if things were so bad they had to make the position redundant, then the job ceased to exist on her last day...therefore it cannot be advertised, this is unlawful dismissal AFAIK and thus she would have the right to take them to tribunal.

[chesham]

By law, if she has been working for at least one month but less than a year, then she must be given at least a week's notice. Some contracts will write in a notice period of longer in the event of redundancy. However, it has been seen that the law can override a contract in some cases.

 

Anyhow, with regards to the redundant position, here is something which might be useful.

If your job is re-advertised two months later, you almost certainly have a claim for unfair dismissal. An employer can't make an individual employee redundant as such - they can only make their job redundant, eg 'We do not need a widget-maker any more so Mr Jones will have to go.' Re-advertising the same job shortly afterwards is a strong indication that you were moved out of the company under the guise of redundancy. If you are made redundant make sure you get a written explanation stating that your position is surplus to requirements, then if it is re-advertised up to three months later, consult a solicitor specialising in employment law.

If you are even considering taking your employer to an employment tribunal, don't waste time. There is a time limit of three months for bringing claims and you will need time to prepare your case. If you think that your being made redundant is unfair and possibly illegal, you should, first of all, write a clear letter to the firm noting your concerns and seeking clarification of the reasons for/circumstances of your dismissal. Under English law, the firm will (generally) have a legal obligation to respond within 14 days. Failure of the employer to respond should prompt you to complain to an industrial tribunal. When in doubt, consult a solicitor specialising in employment law - it nearly always saves you money in the long term. Many will take on these cases on a 'no win - no fee' basis.

[elche]

1. Her Contract of Employment states that she will be given 4 weeks written notice and she has yet to receive anything. Does this mean she has not yet received notice? And and advice on this point?

 

2. She believes her boss may ALREADY be advertising her post (probably at a lower pay scale). What is the situation regarding readvertising redundant posts where she has worked for the company for less than a year?

 

1) This is strange and a very poorly drafted Notice Clause if indeed it does state notice must be in writing. If it is indeed as you state then you may have an argument that the the contract has not been effectively terminated.

 

Please post the exact wording of the notice clause.

 

2) GP is right. What evidence do you have of this? The answer to this question will very much depend whether in law at the effective date (EDT) that her contract is terminated she has over or under 12 months continuity of employment.

 

3) The general rule, if the notice is not worked, is that the EDT can be extended by the statutory (in your case 1 week) but not the contractual notice due.

 

Che

[elche]

If your job is re-advertised two months later, you almost certainly have a claim for unfair dismissal. A

 

But of course you would, unless you can link your claim to one of the exemptions, need 12 months service to bring this claim.

 

Kind regards

 

Che

[chesham]

But of course you would, unless you can link your claim to one of the exemptions, need 12 months service to bring this claim

 

Of course, that's due to my dodgy cut and paste!!