Recruiting A Redundant Position


Can you recruit after making a position redundant?

The simple answer is yes, you can recruit after making a position redundant.

In response to current market challenges, employers are being forced to make difficult workforce decisions. There have been an unprecedented numbers of redundancies affecting large parts of the UK economy.

Once employment has been terminated by reason of redundancy, employers are not subject to any legally-imposed time period before which they can hire again for the redundant role. However, if you recruit for exactly the same role that you recently said was redundant, you take a risk. It could compromise the fairness of the original dismissal. Therefore, leaving you open to a tribunal claim.

To avoid the risk of an unfair dismissal claim made against you by the redundant employee, you would need to be able to show:

– The original redundancy was genuine and not simply an exercise in ‘getting rid’ of people;
– the redundancy was unavoidable at the time; and
– the financial prospects of the business have changed to such an extent that you now need to
recruit new workers.

Here are some more points to consider when rehiring after redundancy:

– You are obliged to consider whether you can offer your employee a ‘suitable alternative’ position rather than make them redundant
– You are not under any obligation to offer the role to the same person you made redundant after their employment has ended
– If your organisation was forced to make employees redundant who possessed skills and experience that were valuable to the organisation, it may be an attractive option to approach those former employees to see if they wish to return to their old jobs

If, following a redundancy exercise, your organisation is (or will be) in a position to hire and fill a redundant role, speak to our team today for advice that considers both the legal and HR aspects.

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