How long before you can replace a redundant role?

How long before you can replace a redundant role?

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. The topics this post covers are: Making Sure You’re Using Redundancy Properly.

Can you be made redundant if your job still exists?

No, but often the issue of whether or not a job still exists is a complicated one. Your employer has to be reasonable when making you redundant. Your employer can make you redundant if they genuinely don’t need you to do your job and your skills are no longer needed.

What constitutes unfair redundancy?

Unfair dismissal occurs when your employer hasn’t followed a fair redundancy process. Employers should always speak to you directly about why you’ve been selected, and look at any alternatives to redundancy. If this hasn’t happened, you might have been unfairly dismissed.

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 much notice must an employer give for redundancy?

If your employer has selected you for redundancy you must be given a notice period before your employment ends. The statutory redundancy notice periods are: at least one week’s notice if you have been employed between one month and two years. one week’s notice for each year if employed between two and 12 years.

Can I claim unfair dismissal if made redundant?

If you have a genuine reason for challenging your redundancy, you may be able to make a claim to an employment tribunal for unfair dismissal or discrimination.

What is unfair selection for redundancy?

What makes a redundancy unfair?

You can challenge your redundancy if you: have worked for your employer for at least 2 years and you think it wasn’t a genuine redundancy or your employer didn’t follow a fair redundancy selection process. think there was an ‘automatically unfair’ reason for your redundancy. think there was discrimination.

Do you get notice pay if made redundant?

If you’re made redundant, your job won’t end straight away – you’ll get a paid notice period. You might get notice pay instead of your notice period – this is called ‘pay in lieu of notice’. As long as you work your normal hours in your statutory notice period you’ll get your normal pay.

What are you entitled to if you are made redundant?

If you’re being made redundant, you might be entitled to redundancy pay. There are 2 types of redundancy pay you could get: ‘statutory’ redundancy pay – what the law says you’re entitled to. ‘contractual’ redundancy pay – extra money your contract says you can get on top of the statutory amount.

How long after redundancy can you claim unfair dismissal?

The usual time limit for issuing a tribunal claim for unfair dismissal or constructive dismissal is 3 months less one day from the termination of your employment (usually this the last day you were paid), or other event giving rise to your claim (for example, the last act of discrimination).

Can you 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.

Can a person be replaced after a redundancy?

This would include an apprentice carrying out the role after the previous employee was made redundant. However, they should have offered this role (and the pay) to you before hiring the new person. If they didn’t offer you this role or other alternative employment then you may have a claim for unfair dismissal.

What are the reasons for being made redundant?

Here are the most common reasons you’re likely to be given if you’re made redundant. The job you were hired for no longer exists; The business you work for has ceased trading or is closing down; The business is cutting costs, and as a result has made your position redundant

When do you need to do a consultation on redundancy?

The consultation process sets out the things the employer needs to do when they decide to make changes to the business that are likely to result in redundancies. This has to be done as soon as possible after the decision has been made to make these changes.

How long do you have to wait before hiring for a redundant position?

Technically, there is no set period of time that you have to wait before hiring for a redundancy position. However, as discussed above, timing should be a consideration to mitigate the risk of allegations of non-genuine redundancy and potential claims for unfair dismissal by redundant employees.