Hi Karen,

It depends on the precise circumstances, but they probably can't do this.  In a redundancy situation, an ex-employee usually has 3 months to bring an unfair dismissal claim but this is extended to 6 months if the employer has recruited a replacement employee within a 3 month period after the redundancy. 

There is nothing to stop you bringing an unfair dismissal claim in an employment tribunal.  In the claim you should allege that you were made redundant but that your post has been filled within such a short period that it leads you to believe that the original redundancy was a sham.  The employer will have the onus to show that the redundancy was genuine at that time, and that circumstances changed unexpectedly, otherwise it will risk being found to have unfairly dismissed you.

Time limits for bringing claims are quite rigidly applied in employment tribunals so I wouldn't delay if you wish to consider taking this course of action.  It will only be worthwhile doing this if you have not found other work (or have but are earning less than you were before your redundancy)

Hi Paul

Could I get your email to talk about my case in further detail with you?