Menu Close

Can you rehire someone after making them redundant?

Can you rehire someone after making them redundant?

After making an employee redundant, you can rehire them or hire a new employee almost immediately. There is no strict period of time given for how long you need to wait. Unless there were exceptional conditions, you cannot make an employee redundant and then replace them. This is grounds for unfair dismissal.

How long after redundancy can a company rehire?

Therefore, generally, you should not recruit into a role that you have made redundant for a minimum of 6 months after the termination date of the employee.

Can you work for same company after being made redundant?

An employee who is re-employed after having been made redundant can retain their statutory redundancy payment, whether or not they are immediately re-employed or return to work for the same employer at a later date. The employer should therefore ensure that it can demonstrate that the redundancy was genuine.

Can you’re-employ someone after redundancy UK?

‘ Yes, you can. In the UK, there’re currently no restrictions on re-employing staff after redundancy. However, to avoid claims of unfair dismissal by other employees made redundant, you’ll need to prove: The redundancy is genuine.

How long after redundancy can you claim unfair dismissal?

The usual time limit for issuing a tribunal claim for unfair dismissal or constructive dismissal is 3 months less one day from the termination of your employment (usually this the last day you were paid), or other event giving rise to your claim (for example, the last act of discrimination).

Can my employer redeploy me?

Redeployment in the workplace is the moving of an employee from one job or role to another. Employers may decide to redeploy employees for various reasons but must be particularly careful if this is done in connection with a redundancy situation or if a redundancy situation could be deemed to have arisen as a result.

Do you have to accept redeployment?

No, the employee does not have to accept the offer of ‘suitable alternative’ employment. However, if the employee unreasonably refuses the offer, they may lose the right to statutory redundancy pay unless the alternative role was not actually ‘suitable’.

What is the difference between redeployment and redundancy?

Redeployment to another job may be undertaken in order to avoid dismissal due to redundancy. Only where an employee unreasonably refuses an offer of suitable alternative employment will redundancy pay be withheld. Employees who accept an offer of redeployment will be allowed a trial period of four weeks.

Can you re-employ a person who has been made redundant?

Redundancy rules can feel a little confusing, especially when it comes to re-employing a worker you previously had to let go. Here are some things to consider if you find yourself in this position. Firstly, there’s no restriction on an employer re-employing somebody who has been made redundant, and the reasons for this can be varied.

When is an employee not dismissed for the purposes of redundancy?

Section 138 (1) of the Employment Rights Act 1996 provides that an employee shall not be regarded as dismissed for the purposes of a statutory redundancy payment where: An employee is re-engaged under a new contract of employment in circumstances where an offer has been made before the termination of the previous contract.

When does continuity of employment end after redundancy?

In these circumstances, continuity will be preserved if the new job starts no more than four weeks after the redundancy date. For statutory redundancy payment purposes, continuity of employment is broken where a redundancy payment has been paid to the employee and the employee is then re-engaged under a new contract of employment.

When does the Employment Tribunal look at a redundancy claim?

If this occurs, the Employment Tribunal will look at the time from when the redundancy consultation period started to until the employee’s contract was terminated. If you hire someone else shortly after the employee was made redundant, the legitimacy of the dismissal might be doubted if it is challenged in an unfair dismissal claim.

Posted in Advice