Redundancy Enquiry

[BMX90]

If a employer makes you redundant and gets someone else in (other employees) to do the near similar role is that legal. I worked for the company for 13 years and we were not offered another role. The employees who come in to do our jobs came in while we were still working there. Is this legal?

[ULA]

Once employment has been terminated by reason of redundancy, employers are not subject to any legally-imposed time period before they can recruit again for the redundant role/s. However it is always advised to leave a short period of time between termination and engagment of new staff, and if possible the employer can consider rehiring the staff made redundant.

To avoid there being a risk of an unfair dismissal claim by the redundant employee/s, an employer 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.

Have you now left and did they join whilst you were effectively working your notice?

[BMX90]

Thank you for your reply.

Yes and yes

[BMX90]

Also there was some work remaining from the department and we had to train the new employees these jobs

[ULA]

Potentially you may have a claim for unfair dismissal, however that is based on the information you have provided with no knowledge of the consultation process, the reasons given for the redundancy or for the recruitment of these new people and the similarity to the roles that you were doing.

[BMX90]

did you want me to DM you, What information would you need?

[ULA]

I would need to understand the following:

1. How many employees were affected by redundancy?
2. How long did the consultation process last?
3. What reasons were given for the need to make redundancies?
4. Was there a need for a selection criteria?
5. Where you required to work your notice?
6. When was your employment terminated i.e. last working day?
7. Were you offered any other suitable alternative positions?
8. How long before you left did the new employees start?
9. Was this challenged by the staff being made redundant?
10. If so what response was given by the company to the recruitment of these roles?
11. Was the question asked as to whether the redundant staff could not be considered for these positions?

Sorry there are so many but thanks in advance for your responses.