Should I Re-apply

[Dunno]

Talk About being $$$$ED off,

I was made redundant at the end of January and the company pushed for us to sign a COMPROMISE agreement by the end of Jan so as all the redundancies where signed and sealed, I was seriously thinking of taking it to tribunal and then decided I could end up, in the long term, better off, both financialy and health wise by signing.

Any way I go in to sign on today at the job centre only to see a wad of job application forms for the company, So as i am being very active in a job search when the guy said "we have no jobs to suit you" I asked what was the post my old company advertising, only to be told it was my old Job.

They put 99 people on JOB SEARCH LEAVE in December (as they where in the 90 day consultation period) Due to "DECREASED DEMAND FOR THE PRODUCT"

I have checked with the Solicitor and he said yes they can readvertise and i dont have a leg to stand on! as i thought companies where not allowed to re-employ within 6 months of laying people off.

TALK ABOUT BEING $$$$ED OFF

OK the question I have for you lot should I reapply just to try and $$$$ them off with the embarassment of having to reject me??

Ohh they got me on a selection process cos I had a bit of time off sick.

Paul

Obviously I am unable to mention the company name due to the agreement!

[da SLUG man]

i'd have thought it would be nice if they'd given you a call and let you know that they're looking for someone and asked if you'd found anything yet.

[bobafatass]

I'd give ACAS a call in the morning if I was you.
I'm sure they can't employ anyone in the same job for 6 months.

Andy.

You can have my job if you like , it's rubbish !

[Dunno]

I'd give ACAS a call in the morning if I was you.
I'm sure they can't employ anyone in the same job for 6 months.

Andy.

You can have my job if you like , it's rubbish !

I will check with them but as I said the solicitor said that rule does not apply any longer!

Not that i really want the job back other than to tide me over untill I can get myself qualified as a Driving Instructor!

[openback]

you could reapply and then tell them where to poke their job if you got it or were ready to start driver training, and put them through the application process all over again.

[Esamed]

We just just had real problem with a member of staff, and basically there was bugger all we could do as an employer. I have to say I am very surprised that you are unable to do anything as I always thought same as you, that you cannot re employ some one in with in 6 months of making it a redundant position. What reason did the Solicitor give? sure he wasn't working on behalf of your previous employer?

Got a couple of jobs a my place.

Steve

[Gizmo]

Depends upon the documents signed and what is agreed as suitable time.

http://www.ncvo-vol.org.uk/askncvo/hr/



Unfair dismissal
It is not a redundancy situation if an employer replaces a dismissed employee with another person to do the same job within a short period of time. In such cases, redundancy cannot be used as an excuse to dismiss an incapable employee. This would amount to unfair dismissal.


If you have waived your rights to complain then you have no leg to stand on...

Constructive Dismissal
Employees with more than one year's service with an employer are entitled to claim for constructive dismissal.
These are cases where an employee believes that they have been put in a position where they have no option but to resign as direct result of the employer acting in fundamental breach of the employee's contract of employment.

A claim for constructive unfair dismissal must be brought within three months of resignation.

______________________________ _____________________________
Nowadays...a company could offer you a new contract and in most cases if you refuse to sign it can dismiss you in many circumstances [ie redundant]. If you wish to continue working for the company they then have the right to force you to sign the new contract at the new terms.
Basically...its a minefield.....do a search for 'contract law' or 'law of contract'.

[Dave_bax]

Personally i would move on Dunno as these things can really chew you up & give you sleepless nights, trust me.

It sounds like you are a positive guy and have plans for a new career, i would focus on that and be positive. If you can persue the claim of the company re-advertising your position without too much time and energy put into it then do so, but you have to put your long term goals first & focus on becoming a qualified driving instructor, maybe even 4x4 off road lessons?

Take what you can (in a positive way) from the incident and move on to better things. In the imortal words of Dereck Trotter 'this time next year we'll be millionaires'.

Seriously I wish you all the luck in the world Dunno, but you don't need luck do you, just be persistant.

[M35A2]

Talk About being $$$$ED off,

I was made redundant at the end of January and the company pushed for us to sign a COMPROMISE agreement by the end of Jan so as all the redundancies where signed and sealed, I was seriously thinking of taking it to tribunal and then decided I could end up, in the long term, better off, both financialy and health wise by signing.

Any way I go in to sign on today at the job centre only to see a wad of job application forms for the company, So as i am being very active in a job search when the guy said "we have no jobs to suit you" I asked what was the post my old company advertising, only to be told it was my old Job.

They put 99 people on JOB SEARCH LEAVE in December (as they where in the 90 day consultation period) Due to "DECREASED DEMAND FOR THE PRODUCT"

I have checked with the Solicitor and he said yes they can readvertise and i dont have a leg to stand on! as i thought companies where not allowed to re-employ within 6 months of laying people off.

TALK ABOUT BEING $$$$ED OFF

OK the question I have for you lot should I reapply just to try and $$$$ them off with the embarassment of having to reject me??

Ohh they got me on a selection process cos I had a bit of time off sick.

Paul

Obviously I am unable to mention the company name due to the agreement!

Hello mate.

I will get my girlfriend to look at this for you. She used to be Director of HR at an NHS trust and is now a HR business partner with the goverment. She knows all there is to know about employment law. If I ask her nicely she might give you some advice. She will be back in a few hours time.

[Linda]

Our HR dept are very clear that we are NOT allowed to readvertise the same role for a period of 6 months. There are currently 2 pending cases with redundant employees who want recompense in just the same situation as you.

It does depend on the documents you signed and if your role was truly made redundant, but most reasonable size companies would usually settle anyway whatever the legal position to avoid the bad publicity. I would definately talk to ACAS if I were you.

[M35A2]

Shame you signed the compromise agreement really - this has really tied your hands, but to be honest its something that employers use a lot of the time now to prevent people going to Tribunal.........it would be interesting to see their faces if you do decide to re-apply, although they will probably reject you on the basis of your sick record. Seems a bit strange that they are re-advertising the same or similar jobs though.....it must have cost them money to make people redundant and they must have done it for a reason, but now they're taking people back on again?? I'd be glad that I wasn't working for them anymore!

Regards

Andy's girlfriend