Redundancy

Hi,

My boss was let go a few weeks ago and he was due to finish on Feb15th.

He has not been in work for the last couple of weeks as he had holiday days due.

Bizarrely our HR Dept sent out an Internal Job Advertisement which would be very suitable for him. It is not exactly the same job as he was doing, ie different job title, etc but there is significant overlap.

He applied for the job on the 15th as he was still able to access his internal email remotely and has been told he cannot apply.

I have looked in Oasis re this but cannot find any definite facts whether the employer has acted incorrectly.

For example as he is still an employee re pay till a certain date, then should he be able to apply?

Once you are left go on a Redundancy basis then is there some responsibility not to re-advertise a similar job for a set # of weeks - though similar is open for debate from a legal standpoint.

Any advice much appreciated

Hi Infoseeker,

Just a few questions:

Has the company negotiated a redundancy programme with the trade unions / employee representatives? If so what were the terms such a program?

Is this a volunary or a compulsory redundancy situation?

As of today has the employee been made redundant?


I have come across voluntary redundancy situations where the employees job itself was not redundant but the job was filled from the ranks of employees whose jobs were definetly redundant. This might explain the the employers action in this case.

No trade union involved, it is a mid sized IT firm.

He was working as a Manager of a Dept, ie mine, but he has worked for less than 2 yrs and is not entitled to statutory redundancy afaik and also the company has not given any payment but the month's wage he was due.

This was a compulsory redundancy resulting from losses made in 2006.

Yes he is redundant as of today, Feb 19th.

He was temporarily replaced by a Team Leader but this was only communicated to myself and our internal group and not companywide.

Another job was advertised which was part of his initial job spec on Feb 15th