Team expansion after redundancy

E

ericv

Guest
I was made redundant in Sept 2009. I didn't agree with the decision so I have applied to the EAT. The case is due to come up in Sept 2010.

This week the company has decided to expand the team I was made redundant from and hire a new person. Is there a legal limit on how long companies should wait before replacing redundant staff?
 
Hi,

I found this post for you. Slightly different situation as it was the boss wife that took over the roll but the first post has some good information that could help you with what you might need.

http://www.askaboutmoney.com/showthread.php?t=105725

I'm still looking for the time period, I'm nearly positive i've heard it said thats it's 12 months, but also you have to take into consideration, it could be that since you have left, the company got a new contact or work load increased and they might of needed to hire someone else. Will have to find out if there is anything that says they have to offer the position back to previous employees that were made redundant first of if they can just advertise and take on anyone.

Ill do a bit more digging, I've nothing else to do...oh the joys of not being able to sleep.

EDIT: ok found this aswell http://www.askaboutmoney.com/showthread.php?p=823958

was nearly right it was 6 months. Looks like by what other other have said, if the company really had to make you redundant and then their fortunes changes they could indeed hire someone else. Seems a bit unfair doesn't it. Seems the best way to go would be to try to argue that they dismissed you and it wasn't a real redundancy, which you are doing at the moment.
 
Its a confusing one. The parent company lost money internationally but the Irish arm of the business was still profitable. I wonder can they use the fact that the parent company lost money to justify the redundancies. I assume they can.

Anyway it is another factor to take include and I will see if I can use it somehow. The fact that there is now such a long waiting list for tribunal hearings means that a lot of things can happen in the meantime.
 
the timeframes come from the time limit within which someone like you (ie a dismissed employee) can take case - 6months noremlly (12 in exceptional circumstances).

so it really realtes to the risk of someone taking a case against them rather than a bar on taking on new staff. If you think about it, it would be preposterous to have a time limit imposed on employers stopping them taking on new staff.

At your claim, you can point to the expansion as a reasons why your dismissal was not a proper redudancy scenario. However, they will likely counter that the situtaion changed for the better, which in fact would justify their decision to take the steps they did, and it was only when a much improved market/economic situation arose that they can now re-hire.

ie, its not fatal to their defence but a little helpful to yours - not a silver bullet, just a whiff of cordite!

currently 46 weeks (yet forty six) dealy for claims to reach hearing stage in Dublin
 
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