Is it legal to make a full time worker redundant and then employ new part time staff at the same time.?

starlight

if you have been made redundant from your job then they cannot hire new staff for the same job because your job technically no longer exists. if this is the case you have the right to take legal action for unfair dismissal and you should speak to the company union rep or ring ACAS you can get their number from the cab

Colin-why?

You are not redundant---the position is. And I bet my bottom dollar, you do not have a union card----that's why your in job jeopardy

DEE W

Yes. That is why we need unions.

mailaccount63

Companies are doing this across the country to reduce their overhead. It may not be technically legal, but employers are finding loopholes to reduce salary/wage/benefit expenses.

My employer is currently doing the exact same thing.

COLIN T

Most people are going to say no it is not legal but if your company can show that your job as it stands at the moment is redundant under present trading conditions, then they can legally make you redundant.

Part time staff are not - on a person to person basis - being employed in the same manner as you are, or to do the job YOU do now, so in effect they are being employed for different jobs.

I think that the company is skating on thin ice here but on balance it falls - just - on the side of being legal.

rehman vohra

It would help to know more about your employment. However, a key test for determining redundancy is to see whether there has been a reduction of employer's requirements for employees to "work at the place where the person concerned is employed". (Punctuations made to emphasise).

In one of the leading cases waitresses were employed by a caterer specifically to work for one of its clients. The clients cancelled the contract and the waitresses claimed redundancy. The Court of Appeal rules against the waitresses stating that they were specifically hired for that particular client and since that client had cancelled the contract, they had no claim for redundancy.

If you were hired to work at a particular place and there is no clause in your contract that you can be engaged at any other place and if that place where you were working has ceased then you have no rights.

maca

the same job cannot be advertised if it has been closed due to redundancy, if they do then you can sue for unfair dismissal see your union rep

kevy g

does an employer have to offer me another position in the work place? i am i the redunduncy pool and need to know where i stand. unfortunatly we have no union!

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