Can my employer employ someone after making me redundant?

Can you hire someone after making them redundant?There is no strict period of time given for how long you need to wait. However, you may need to allow some time (typically one week) in between the termination of one period of employment and the commitment of the new employment. This period breaks their 'continuity of employment. '

Click to see full answer

How soon can a job be advertised after redundancy? There is no set period after a redundancy process that you must wait before you can recruit new employees. However, you should be mindful when advertising for new staff that former employees whom you made redundant may see these and use them to challenge whether the redundancy was genuine.

Is it legal to make someone redundant and then replace them?

Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.

Can I rehire someone I made redundant?

They absolutely can re-hire you. They will need to be careful how they go about it to avoid legal claims being submitted with accusations of unfair dismissal by other employees who were made redundant at the same time as you.

How long after redundancy can I hire UK?

There is no strict period of time given for how long you need to wait. However, you may need to allow some time (typically one week) in between the termination of one period of employment and the commitment of the new employment. This period breaks their 'continuity of employment. '

Can my employer advertise my job after redundancy?

You can advertise a job after redundancy at any time. However, employment tribunals account for the time between redundancies and rehiring. Because of this, any employers that are considering advertising a job after redundancy should wait three months.

Can a company recruit after making redundancies?

Once employment has terminated by reason of redundancy, if the economic situation suddenly changes and the employer needs to employ someone, it may re-employ the redundant employee. There is no obligation on it to wait a certain period of time before offering re-employment to that individual.

How long after a position is made redundant can it be reinstated?

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.

Can you be made redundant if the job still exists?

Although there are many reasons for legitimate redundancy, it's illegal for you to be made redundant whilst your job still exists. Therefore, if you think someone else has taken your job after you've been made redundant, seek professional advice immediately.

How long after redundancy can you rehire UK?

There is no set period after a redundancy process that you must wait before you can recruit new employees. However, you should be mindful when advertising for new staff that former employees whom you made redundant may see these and use them to challenge whether the redundancy was genuine.

Related Questions

How long before you can employ someone after redundancy?

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. For broader guidance on redundancy, we recommend reading our comprehensive guide which covers all aspects to consider when making redundancies in your business.

How long after redundancy can a job be advertised?

There is no set period after a redundancy process that you must wait before you can recruit new employees. However, you should be mindful when advertising for new staff that former employees whom you made redundant may see these and use them to challenge whether the redundancy was genuine.

Is it illegal to make someone redundant and then replace them?

Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.

How soon can you hire after redundancy?

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.

How long after redundancy can you go back to the same company?

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 make someone redundant then rehire them?

They absolutely can re-hire you. They will need to be careful how they go about it to avoid legal claims being submitted with accusations of unfair dismissal by other employees who were made redundant at the same time as you.

Can my employer outsource my job and make me redundant?

Outsourcing. If an employer decides to outsource the work being done by a particular group or class of employees, this technically creates a redundancy situation, as the employer will stop carrying on that particular type of work.

Can a company make a position redundant and then replace them?

Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.

How long after redundancy can I 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. For broader guidance on redundancy, we recommend reading our comprehensive guide which covers all aspects to consider when making redundancies in your business.

Can a company rehire you after redundancy?

They absolutely can re-hire you. They will need to be careful how they go about it to avoid legal claims being submitted with accusations of unfair dismissal by other employees who were made redundant at the same time as you.

Can you recruit after redundancy?

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 return to the 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.

Can you rehire a redundant employee?

They absolutely can re-hire you. They will need to be careful how they go about it to avoid legal claims being submitted with accusations of unfair dismissal by other employees who were made redundant at the same time as you.

Can you be rehired if made redundant?

You can rehire after redundancy, but you must show that there has been a significant change in the circumstances of your company. These changes must show that you now need a new employee and that the company genuinely did not require the role during redundancies.

What happens if my job is outsourced?

If your job is outsourced, the employer that is handing the staff over has obligations to their employees. The business that employs them must also protect their working rights. These rights are laid out in a set of regulations called the Transfer of Undertakings (Protection of Employment) Regulations.

About the author

Leave a Reply

Your email address will not be published.