Job Re- Advertised after making me redundant

I worked as a machinist for a small company that employed 7 staff in total. I started work in Februarty 2008. In September we all had a company meeting and were advised that possible redundacny might happen in my department (2 staff in total) if orders did not increase. It was not unexpected, and I had thought it might have happened the month before.

Orders did not increase and on Friday 3rd October I was called to a meeting and was advised I was being made redundant. The company have been good to me, and have paid me my notice, all my holiday pay, as well as a week on top.

My question though - I was pregnant, but lost the baby due to a mis carriage. But I know the work was not there.

I have a "friend" who still works for the company in admin. She says work has picked up, but another member of existing staff is covering ( from admin)

How long before they can re- advertise my old job, with out contacting me or offering me the job?

Hi Claire

There is no legislation which determines when an employer can begin to recruit for a position again.

From your message, it appears that your Employer is being flexible with existing employees to meet the increase in production. If this increase in production is not temporary, they may need to recruit another employee to meet the needs of the business. There will then be a genuine need to fill the job that you were made redundant from.

Have you contacted your old employer about whether this any requirement to recruit for your position again? 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 although they would be under no obligation to re-employ you though.

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

If you need anymore help with this, please don't hesitate to reply to me.

Thank you for your prompt and informative reply. My “old” job has not been re-advertised at all, and as far as I understand the temporary cover is just that. There have been a couple of large orders received that needed help, and the other admin member who has covered holidays in the past (before I joined the company) has continued to cover now.

You say there is no legislation which determines when an employer can begin to recruit for a position again – however, if orders increase and they need perhaps a part time worker instead of a full time, would they have to “offer” me the job, or do I have to re-apply.

I accept that my redundancy was fair, at the time. My concern is not finding a replacement job, and my old employer not offering my old job back to me. Is there a time limit for them to just advertise generally, or if I do want my old job back, do I have to apply?

I was under the impression that if they recruited a replacement they could not do this without offering it to me if this was within 3 months?

Thank you for your reply Claire.

If your "old" employer is looking to employ somebody in the position again it would save time and money with recruitment, selection and training if you they simply re-employed you. I would advise that you contact your old employer (follow up in writing) explaining your interest in returning to work for the company should a vacancy arise. I would include these details of whether you can be flexible with hours of work (e.g. part time/full time) or return on a temporary contract.

Your employer is under no obligation to re-employ you and there is no 3 month period which determines this either, unless of course there is something which the company outlines differently in your contract of employment/employment handbook - it's always worth checking your terms and conditions of employment.

Do let me know how you get on with this.