Can You Make Someone Redundant And Then Replace Them?

How long after making someone redundant can you replace them?

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.

What constitutes unfair redundancy?

What is unfair redundancy? Unfair dismissal occurs when an employer has not followed a fair redundancy process. You should always speak to employees directly about why you have selected them and look at any alternatives to redundancy.

Can a company make me redundant and then replace me?

Yes, you can re-employ someone who has been made redundant. If you do this within a week of the termination of their old contract, then they will not lose their 'continuity of employment' with you.

Related Question Can you make someone redundant and then replace them?

Can you be made redundant without consultation?

You must consult with your employees before finalising any redundancies. If you do not hold genuine and meaningful consultation before making redundancies, employees could claim to an employment tribunal for unfair dismissal.

Can I refuse redundancy?

Your employer can refuse to pay your redundancy pay if they don't think you have a good reason for turning down the job.

How do you prove unfair redundancy?

there was a genuine need to make redundancies in your workplace. your employer followed a fair procedure for consulting the workforce and selecting people for redundancy. the decision to select you was fair. your employer made reasonable efforts to find you alternative employment elsewhere in the company.

How do you fight unfair redundancy?

  • Step one – appeal in writing. If you think your redundancy is unfair, firstly appeal against your employer's decision.
  • Step two – talk to your trade union representative.
  • Step three – early conciliation.
  • Step four – consider an employment tribunal.
  • Can a company rehire after redundancy?

    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. The employer is under no obligation to offer the redundant employee their job back; it is entitled to recruit someone else instead.

    Can my boss gave my job to someone else?

    Your employer is allowed to do what it did. It decided to hire someone other than you. As an employer of an at will employee can do so at it's own discretion for any reason or even no reason, as long as the reason is not unlawful.

    What is voluntary redundancy pay?

    Voluntary redundancy is when an employer offers a financial incentive to an employee to leave the company of their own free will. You may be tempted to take voluntary redundancy by the thought of a big pay off.

    What happens in a restructure?

    Restructuring is when a company makes significant changes to its financial or operational structure, typically while under financial duress. Companies may also restructure when preparing for a sale, buyout, merger, change in overall goals, or transfer of ownership.

    Is it better to resign or be made redundant?

    If you've worked for your employer for over 2 years you're usually better off waiting to be made redundant, as you'll probably get a redundancy payment. If you want to stay with your employer, they might offer you a new job.

    Can you be reemployed 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.

    Can redundancy be reversed UK?

    Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out their notice period.

    Is forced resignation Legal?

    What to Do if You are Forced to Resign. Because most employees work at will, it means they can be fired at any time, for any reason, as long as it is not illegal. You have to prove that your employer's reason for forcing you to resign was illegal.

    Can I ask for redundancy instead of reduced hours?

    Instead of reducing your working hours your employer may make you redundant and offer you alternative work under a new contract of employment. However this may affect your entitlement to a redundancy payment. Equally, if you refuse such an offer unreasonably, you will lose your right to a redundancy payment.

    Can you negotiate redundancy pay?

    Negotiating a Redundancy Package – Conclusion. When you're about to be made redundant, you have very little to lose by trying to negotiate a better redundancy package from your employer. Your employer wants to avoid subsequent legal action so will often be more flexible than you might expect.

    Do you get more money if you take voluntary redundancy?

    Typically, you'll receive more money if you take voluntary redundancy instead of compulsory redundancy. In order to make voluntary redundancy attractive to employees, they make the redundancy pay package larger than the statutory redundancy pay.

    What is the difference between restructuring and redundancy?

    Usually, it is the same people being employed but doing different jobs for different pay. This is often called a restructure, but sometimes it strays into redundancy if the requirement for people to do a particular job is eliminated and they cannot do another job instead.

    What are alternatives to redundancy?

    There are several alternatives to redundancy, such as:

  • Reducing working hours.
  • Salary reductions.
  • Pay freezes.
  • Reorganising job roles.
  • Freezing training budgets.
  • Withdraw job offers.
  • Introduce flexible working.
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