Redundancy advice

AHarvey · 6 Dec 2010 at 17:11

Hi all,

I was made redundant from my Chat Senior position about 7-8 months ago, and was offered a job at the level below.

The company has just taken on 1 new person and promoted one from my level to a chat shift supervisor position, basically doing the same thing I was before being made redundant.

I was under the impression if a job was created doing the same thing at the same level within one year of my redundancy that the new position should be offered to me first. I have asked for a detailed job description of the new position as well.

Can anyone advise me if I am correct? and how much change does it need to no longer be considered the same position?

Abraham · 6 Dec 2010 at 17:16

roughly you're correct, it does come down to whether it could reasonable be considered to be the same role. There will be a time period during which the company can't take on someone in the same role, not sure if there's a statutory period or if it's just the redundancy contract. May be further complicated by you having remained at the company.
Best place to start is probably CAB as usual though.

eatcustard · 6 Dec 2010 at 17:24

6 months for the same position (I think)

Nexus · 6 Dec 2010 at 17:25

eatcustard said:
6 months for the same position (I think)

This.

They are within their rights to have hired somebody.

AHarvey · 6 Dec 2010 at 17:58

hmm, well after speaking to someone who was taken from my position in to our support team the handover from my old position was the 1st of July and this new position was supposedly advertised on the 8th November.

Got to confirm exact dates.

[TW]Fox · 6 Dec 2010 at 18:18

Is there a possibility they made you redundant by removing the role as a way of getting you out, and then deliberately didnt want you back in that position? Were you ineffective in the role?

I can't think of any other reason why a company would promote an inexperienced member of staff into a senior role when somebody with experience of that role was ready and available..

JBuk · 6 Dec 2010 at 18:19

[TW]Fox;17944503 said:
Is there a possibility they made you redundant by removing the role as a way of getting you out, and then deliberately didnt want you back in that position? Were you ineffective in the role?

I can't think of any other reason why a company would promote an inexperienced member of staff into a senior role when somebody with experience of that role was ready and available..

Sounds about right

AHarvey · 6 Dec 2010 at 18:28

Actually, no, I was very good in my role and even stepped up for the Team Leader position to cover maternity pay.

The issue is that the current role was advertised as a Shift Leader position for Support so many of us didn't go for it, they are now saying it was also for chat but the email didn't mention chat. The inexperienced member went for the support job and was given the chat job.

We also have the problem, that the current management are pretty much all completely new people. The company has this thing about starting a half arsed scheme by some contractor that doesn't work, then we resort to how it was when it worked, then they bring someone else in now. In 2 years here, this is the 3rd scheme we've had! The redundancy was part of the last consultancy scheme, the new role is part of the new one.