Laid off and replaced

LegacyUser

I recently was laid off from my job, however my employer has now replaced me with a new employee doing the same job.

Is there a minimum term before my employer can replace me , or can I be made redunanbt and replaced immediately?

Thanks

Stheno

How long were you working there?

LegacyUser

I started work May 2014 full time 52 weeks per year.

Was given notice May 2016. Laid off last week, but now I have been told someone has replaced me doing the exact same job, I was going to claim redundancy but I want to claim unfair dismissal now but unsure what the law says about replacing employees with new staff.

Stheno

Ok well you can't claim redundancy until you've worked 104 weeks there, which sounds like you were just outside that.
What was the reason you were let go?

Was it a permanent contract?

And why do you think you have a claim for unfair dismissal?

porsche boy

Citizens information website will help you.

LegacyUser

Thats why i started this thread, i wanted to know where i stand.

In the UK an employer cant lay someone off and then replace them a week later.

I wanted to know what the law in Ireland was and what kind of period an employer would have to have before re-employing.

I cant find anything on this.

This readon i think its unfair dismissal because my employer is only making me redundant to avoid having to pay me redundancy. Re-employing someone in the same position in a short space of time is considered unfair in most countries and i was looking for clarity in Irish law

Stheno

Tens wrote: »

Thats why i started this thread, i wanted to know where i stand.

In the UK an employer cant lay someone off and then replace them a week later.

I wanted to know what the law in Ireland was and what kind of period an employer would have to have before re-employing.

I cant find anything on this.

This readon i think its unfair dismissal because my employer is only making me redundant to avoid having to pay me redundancy. Re-employing someone in the same position in a short space of time is considered unfair in most countries and i was looking for clarity in Irish law

Go see an employment law solicitor, we can't give you legal advice here

Mrs OBumble

Is the new job exactly the same? If there's even a slight variation, then the employer is off the hook. If they were smart enough to let you just just before you clocked up two years, they're likely smart enough to have covered their bases by making the new job slightly different.

Yes, it sucks.

But it's legal AFAIK, provided the job is different in some way.

Stheno

Mrs OBumble wrote: »

Is the new job exactly the same? If there's even a slight variation, then the employer is off the hook. If they were smart enough to let you just just before you clocked up two years, they're likely smart enough to have covered their bases by making the new job slightly different.

Yes, it sucks.

But it's legal AFAIK, provided the job is different in some way.

My thinking also, and the OP has not provided enough information to establish.

However, given the OP is seeking legal advice on their options, this thread is likely to be short lived if they continue with that avenue.

davo10

What was your job?

I'm not certain but if you lay someone off due to a decline in business or the position no longer exists, you can't hire someone to the same position for 2 years. However, employers get around this by creating a new position/post and giving it a different title.

LegacyUser

Stheno wrote: »

Go see an employment law solicitor, we can't give you legal advice here

Not looking for legal advice, just clarification of the law if it actually exists.

Like i said, in other countries an employer cant re-employ someone in the same position for a period of time. I want to know if that law exists in Ireland and if so how long is the period ?

Thanks

_Brian

I'll play devils advocate here.

Maybe OP was useless at their job, let them go, change the job title and a bit of the role and hire someone better, it happens all the time.

No offence intended op.

Stheno

Tens wrote: »

Not looking for legal advice, just clarification of the law if it actually exists.

Like i said, in other countries an employer cant re-employ someone in the same position for a period of time. I want to know if that law exists in Ireland and if so how long is the period ?

Thanks

You can't be made redundant if your job/role still exists.

screamer

In Ireland the position must be made redundant and not the person. So if they made you redundant and replaced you with someone else to do the exact same job then you might have a case but you need to seek advise from a legal expert.

Stealthfins

Stheno wrote:

You can't be made redundant if your job/role still exists.

The only problem there is they'll tweak the new job slightly and wrap it up in red tape.

Stheno

Stealthfins wrote: »

The only problem there is they'll tweak the new job slightly and wrap it up in red tape.

Yep, and as the OP is not there for more than 2 years, they are not entitled to be paid redundancy.

Bicycle

Contact NERA - they should be able to advise you.

Annual Leave should be included as should your notice. i.e. if you were working for 103 weeks and you had accrued 2 weeks holidays then that will push you over the 104 weeks.

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy.html

tracey turnblad

This happened to a friend of my sister... She took them to court and won.

.G.

It's possible you were laid off as they knew you were about to go over the two years employed point and thus would be entitled to redundancy in the future so they chopped you and got someone else. Happened to me a few years back but unfortunately my employer git his sums wrong and I was actually 2 days over the two years so he had to pay up. As said above contact NERA about the legalities of it.

Shurimgreat

If you were good at your job OP, I doubt you'd be laid off without a reason, even if they thought they might save redundancy money.

There is surely more to this than meets the eye?

Bandana boy

What does OP want from the situation , to be taken back ?
Are you still out of work ?

.G.

Shurimgreat wrote:

If you were good at your job OP, I doubt you'd be laid off without a reason, even if they thought they might save redundancy money.

There is surely more to this than meets the eye?

The company might be struggling financially and might have to lay people off soon, in that case not having to pay redundancy would be a big thing for them. That's what happened me. Things were slowly going bad and they knew they wouldn't be able to keep me on for too much longer so tried to get me out before redundancy kicked in.

There may well be more to the story but the OP won't know the real reason why the employer did what they did so they can't tell us it!

jamesdublin12

Mrs OBumble wrote: »

Is the new job exactly the same? If there's even a slight variation, then the employer is off the hook. If they were smart enough to let you just just before you clocked up two years, they're likely smart enough to have covered their bases by making the new job slightly different.

Yes, it sucks.

But it's legal AFAIK, provided the job is different in some way.

A fella was paid 16k a dew weeks ago.
He was laid off said financial problems in company they took on a fella on Jpn bridge and was made permanent do then work was there.
So the judge said the company has taken on theblongeat bridge cos there was work for him and the company was making money if there was work abs awarded him 16k cos he was replaces.
D
Go are solicitor straight away abs get statements from staff

Mrs OBumble

Shurimgreat wrote: »

If you were good at your job OP, I doubt you'd be laid off without a reason, even if they thought they might save redundancy money?

Not necessarily. In some sectors, being a scummy employer is almost par for the course. There was a hotel in Galway that for several years closed every 11 months and laid everyone off. Then hired different people when they re-opened.

tracey turnblad wrote: »

This happened to a friend of my sister... She took them to court and won.

How'd she do at finding work after that? Probably easier in Dublin, but in smaller places that kind of action gets you a reputation ...

Snakeweasel

Based on info provided by OP, sounds like a potential unfair dismissal case. Speak to a solicitor, but if they dressed it up as a redundancy type situation and then hired someone doing essentially the same work as you were doing, then you could well have a case.