If you do have to make redundancies you can get help from Jobcentre Plus. You should always take steps to avoid redundancies before dismissing staff.
Employees can try out an alternative role for 4 weeks or more if agreed in writing without giving up their right to redundancy pay.
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Hide this message. Yes, you can replace a redundant position. If, following the redundancy, you find that you need to replace that person, you must be able to show that there has been a change in the circumstances of the organisation such that a new employee is now needed, whereas the role was genuinely not required before.
Yes, you can re-employ someone who has been made redundant. If you would rather the employee returned to your employment under fresh terms and conditions on a new contract of employment, then you should wait at least two weeks to ensure that they have a clear break between contracts of employment and do not preserve any continuity of employment.
It is not necessary for the employee to repay their redundancy payment. By submitting, you agree to our Privacy Policy. London Cambridge Aberdeen Manchester Birmingham. Call Employment Team. Unlimited HR help for a fixed, low monthly fee. Need help with an employment issue? Access unlimited legal advice without the worry of costs with our Triple A support. In this situation, employers have a number of options. Can you recruit after making a position redundant?
Can you re-employ a redundant employee? How long do you have to wait before replacing a redundant position? Yes, you can re-employ a redundant employee. However, there are a number of factors to consider. Continuity of employment If your organisation only discovers that it needs to re-hire after the redundancies of its employees have taken effect, then you will be in the position of having to reach out to your former employees to see if they will come back.
Statutory redundancy pay You should also be aware of the interaction between continuity of employment and the payment of statutory redundancy pay. HMRC investigations If there is a short amount of time between you making someone redundant and re-hiring them, you should be aware that HMRC may decide to investigate your organisation.
Need assistance? Replacing a redundant role FAQs How long before you can recruit after redundancy? Can you replace a redundant position?
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Accused of Gross Misconduct? Made Redundant? In determining whether this was a case of genuine redundancy, the Commissioner considered whether it would have been reasonable in all the circumstances to redeploy the Applicant within the employer at the time of his dismissal on 17 April However, there are some matters that employers will need to consider before deciding to re-engage an employee whose employment was terminated due to redundancy or advertise the same position.
However, the real test will be determining whether the original redundancy was genuine, and this will depend on the particular circumstances at the time the employee was made redundant. Read the full decision HERE.
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