Unfair DIsmissal?

ninkynonk

CAn anyone tell me the answer to this- my Bosses Son lost his job, i'm worried that he will make me Redundant and bring him into the job after i've been let go- Can he legally do this? Thanks for any replies!

Nody

You can't get a legal answer here, but for starters if you have been there less then a year the answer is yes. More then that and he'll have to make you redundant and then create a new position (slightly changed work role) for his son. This is not a legal advice but only as a rule of thumb based on previous work reorganisations I've gone through.

ninkynonk

I'm with the company 15 years. Its not a highly skilled job, so thats why i feel slightyl uneasy, would 15 years make a difference?

MysticalSoul

I think that if someone is made redundant, no one can be taken in for that same position for a period of 6 months.

AARRRGH

jonnyirish wrote: »

CAn anyone tell me the answer to this- my Bosses Son lost his job, i'm worried that he will make me Redundant and bring him into the job after i've been let go- Can he legally do this? Thanks for any replies!

What is making you think this might happen?

Sephiroth_dude

Well if your there 15yrs then he must know you pretty well and surely be to go would more respect for you,I know if my son lost his job I would'nt go letting one of my employees go just so my son could have a job its wrong.

Nody

irishamethyst wrote: »

I think that if someone is made redundant, no one can be taken in for that same position for a period of 6 months.

Correct, but it is perfectly possible to make a new position with most, but not all the tasks on paper as the previous position and get around it (had it happen 3 times in 4 years my old company at management level where I had to reapply to the "new" positions).

partyguinness

I had similar probs a few weeks ago..I rang this crowd called legaline.ie very helpfull...you get to speak to solicitors for €2.90 per min..really answered my questions

Serafijn

If you're with the company 15 years there would be a hefty redundancy that he'd have to pay out if he were to get rid of you. I doubt he'd do that just to get his son in...

Sephiroth_dude

Serafijn wrote: »

If you're with the company 15 years there would be a hefty redundancy that he'd have to pay out if he were to get rid of you. I doubt he'd do that just to get his son in...

+1

tunney

Serafijn wrote: »

If you're with the company 15 years there would be a hefty redundancy that he'd have to pay out if he were to get rid of you. I doubt he'd do that just to get his son in...

Are they obliged to pay more than statutory redundancy?

Mrs OBumble

irishamethyst wrote: »

I think that if someone is made redundant, no one can be taken in for that same position for a period of 6 months.

Not sure if that's the law or not. But any boss worthy of the name could re-organise the job a little so it was "different". Eg - is sweeping the floor currently part of your responsibilities? If yes, then remove it. If no, then add it. Either way, it's a different job.

MysticalSoul

tunney wrote: »

Are they obliged to pay more than statutory redundancy?

No, they are not obliged, as the whole point of statutory redundancy, is that is the MINIMUM entitlement.

Wishbone Ash

jonnyirish wrote: »

would 15 years make a difference?

Yes. the Unfair Dismissals Act generally only applies to employees with more than 365 days service. Employees with less that 365 days service can be dismissed without reason (with several exceptions).