If made redundant - If more hours come up - By law to take them back?

Cari

The law is that yes, he must be offered the job that has come up, providing he was made redundant within the last three months.

However it only applies if it is EXACTLY the same job.

Also, if he was not the only person made redundant, it would be fair to contact all those who were made redundant and ask them to apply for it (as a fair way of choosing one person) rather than just handing him the job.

EDIT: You say you're not sure what he is going to do about it ... the first thing that you do is to contact ACAS for their advice (google them). Then you have to lodge a formal grievance with the employer. Maybe he and the employer can resolve it themselves. If not, he can then go to an employment tribunal. But ACAS can guide you through the whole process so contact them first.

The only thing that means it might not apply is, I understand that he was part-time, but is the new job part-time or full-time? If it's a full-time job then they may not necessarily be obligated to give it to him because it wouldn't be exactly the same job. But ACAS will be able to advise.

Empress

If he was made redundant then no they do not have to offer him his job back two months later when more hours have come up. His contract with them has finished and that is the end of it.
If they now have a job available they do however have to advertise that fact and go through a recruitment process and he can apply along with everyone else.

Bo P

um thousands of people are made redundant from the same company, why would they offer his job back if they had to make MORE cut backs? makes no sense.

Leanne196

As long as it was a genuine redundancy at the time his employment was terminated they do not have to offer him the job back. He would only be able to challenge this is he could show that it was not a genuine redundancy at the time of his dismissal.

If business needs have now changed they are free to hire someone as per their normal recruitment procedure. There is nothing contained within the employment rights act which states that a specific length of time has to pass between the redundancy and hiring new staff. Therefore, in theory they could hire someone the day after making some else redundant as long as they could prove there had been a change in business requirements.

adele

No they have to offer you the job. I was made redudant in July and I was told just a while ago that my team have TWO juniors working there but I was never offered one of their jobs and they were taken on within 8 weeks or me only being made redundant and yes it was the changing needs of the buisness but also a new computer system that would cut the work load was used as an excuse too I am in the UK and called ACAS and was told I had 90 days to appeal but since no one at my old job told me I heard when someone else left 6 mths later I have no leg to stnad on unless i get a lawer involved but I cant so that as I still dont have a job 6 mths later! I was told I should write a letter to the Managing Director and ask him why this job was not offered to me as I could do the job that the 2 juniors were doing and redundant SHOULD not be used as a reason to get of someone as that is ILLEGAL!! I am biding my time to get a job and my reference then I am going to write the letter and see what they say!

Enter Your Message or Comment

User Name:
User Email:
Post a comment: