What does UK employment law say about making people redundant and then taking on some one to do their job ?
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What does UK employment law say about making people redundant and then taking on some one to do their job ?
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I think there is a rule that says you cant do this, or that there is a time scale you must wait, any help?
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Steve B
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As you may be aware, JOBS are made redundant, not people ..
However if they have multiple Jobs of the same type (eg Project Managers) they can make 1 redundant and then choose which of the employees with this title has to go (the method the use has to be 'fair' i.e. non-discriminatory - in most cases things like your past Performance Valuations are used) .. .. this may mean some other 'Team' gets split up and that Manager takes over your team ..
However it they eliminate your Job and then recruit a new employee (or promote an existing employee) to do EXACTLY THE SAME job, they are plainly in breach of legislation - your remedy is to claim Unfair Dismissal at the Employment Tribunal (link), however in almost all cases all you get is compensation (it's extremely unlikely you will get your old job back)..
The time sale is, in effect, 6 months (since after that time you can not claim Unfair Dismissal). |
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Mike C
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In the UK redundancy is where the job ceases, diminishes or moves to another location.
If you employer has done this and then replaced you within three months they run the risk of you bringing a claim for unfair dismissal. You will need one years service to bring the claim. If you haven`t got one year in you won`t have much re course unless you can demonstrate discrimination etc [for which you don`t need one years service]
Therefore if they waited 3 months, they can get away with it. |
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Han
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Can't do that. But they could employ somebody to do a similar role, with a different job title. |
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DF
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that would be illegal, companies get round it by creating a new, similar role with a different job title. you could probably have a good case for tribunal if they did that and often negotiate a better redundancy fee to avoid taking them to one. |
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jackie m
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www.acas.co.uk will answer all your questions but legally they cant take someone on for over a year for your job but the can employ someone to your job but under a different title - if you were a typist they can take someone one and call it receptionist. |
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kev
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i am being made redundant, i have to train people up to do my job then i think? they are going to get rid of me. is this LEGAL? |
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