My old job is advertised in the paper!

Hi, i was made redundant in July and i have opened the paper to find my old job being advertised, can they do this?

Hi,
sorry to hear about your redundancy.

An expert will be along soon to give you advice. In the meantime a little more info may help.

This is a difficult question to answer as it can depend on the specifics of the situation. Can you elaborate a little on your initial question. e.g. does the job that's advertised look identical to yours? Have the company's circumstances changed in any way you know off - since you were made redundant?

Additional info will help an expert answer your question.

The advert has my exact job title, my exact job description, my bosses name IT IS MY JOB! the company as far as im aware has not changed in any way. surely they cant do this?

Hi it must have been a surprise to see the job that you were made redundant from in July.

Firstly, there is no Employment Law which determines when an employer can recruit again. It may be that your employer now has a need to fill the job that you were made redundant from.

You don't specify the type of job that you were doing so I will use an example. If you were a 'sales representative' looking after an account with a company that stopped using your services, it may be that your job no longer existed which led to your redundancy. If say two months later your 'previous' employer won the contract back which required another 'sales representative' then are entitled to recruit for this position again.

Have you contacted your old employer about this? You may wish to be considered for the role again? if you do, I would advise that you contact the company and enquire about applying for your old job.

If you are unhappy about the job being re advertised, I would advise you to write a formal grievance to your employer (send a copy to the HR department and your Line Manager). The company has 4 weeks to reply to your grievance even though you no longer work there. Keep a copy of this letter.

If you believe that your redundancy was unfair for any reason, you have up to 3 months from the end of your employment to challenge the decision in an employment tribunal (you don't say in your question whether you appealed the redundancy? There are many reasons which fall into the category of ‘unfair reason for selection’ if you are selected for redundancy for any of these reasons, you will be found to have been unfairly dismissed if you were unfairly selected for redundancy including membership or non-membership of a trade union, because you work part-time, exercising your statutory rights, you are a fixed term worker etc.

If you wish to legally challenge the redundancy, you will need to complete and ET1 form which you can get from the Employment Tribunals website

Like I said, sorry for the long winded reply, but there are many variables that can cause this situation to arise, but I hope this is useful for you.

Interesting as said many variables involved however i would go for the most obvious one they gave you the shove for whatever reason they made up at the time and now have re advertised your job after waiting a not indecent length of time. However i was almost certain that if they made you redundant because they told you the role no longer existed then they had to wait 6 months fo re employ someone (ACAS could tell you for certain). However it does depend on the reason for giving you the boot in the first place.

There is no time limit for a "change in circumstances" - it is theoretically possible for business circumstances to change within a week. Any such calim would therefore have to be consdiered on a case by case basis. And this post is even older than the last one - two years!

yes and still helpful.lol

Hello, I worked for a trade union and was recently made redundant, with the claim that this was due to funding cuts.
I have just been informed by some of my old clients that my old job has been advertised, six months after my post was declared redundant. The post is advertised in a newsletter, which I have not received, which is strange as I have received newsletters prior to this.
Do I have a legal case of argument?

No. Your deadline for amking a claim would be three months less a day. Even then you would struggle - employers are able to chagne their minds and recreate posts and a gap of months may be enough. But that's not rewally relevant since you couldn't make a claim now.

Would I have a discrimination case against them as they have not informed me about this new post?