Can a company make you redundant then employ someone else?

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 you be made redundant with less than 2 years service?

If you’ve worked for your employer for less than 2 years your employer doesn’t need a redundancy process and doesn’t have to meet you individually. You should still check that your redundancy is fair, as there are other rules your employer must follow.

Can I dismiss an employee who has been employed less than 2 years?

By law, you can usually dismiss an employee with less than two years of service without the need to demonstrate a fair reason for the dismissal and without the need to go through a fair disciplinary or dismissal procedure.

How long after making someone redundant can you re employ 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.

Can I be made redundant if my role 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.

Can I be made redundant if my job role still exists?

Redundancy is only allowed if there’s no longer a need for the role to exist, and it certainly isn’t legal for you to be made redundant only for your job to be taken by someone else shortly after you’ve been made redundant.

Can you be unfairly dismissed within 2 years?

Employees can only usually claim unfair dismissal against an employer if they have a minimum of 2 years service. However, there are exceptions to this rule. If an employee is able to establish an automatically unfair or discriminatory reason for their dismissal, in most cases there is no qualifying service period.

Do you get redundancy after 1 year?

Redundancy pay is based on your earnings before tax (called gross pay). For each full year you’ve worked for your employer, you get: up to age 22 – half a week’s pay. age 22 to 40 – 1 week’s pay.

How much do you get for unfair dismissal UK?

The maximum amount that you can be awarded as compensation for constructive dismissal is presently the statutory cap of £89,493 or 52 weeks gross salary- whichever is the lower. This is in addition to the basic award which can be ordered by the Tribunal of up to a maximum of £16,320.

Can I be dismissed without warning?

It is therefore possible to dismiss even on a first offense and without any prior warnings having been issued, but that will depend on the severity of the offense, the circumstances under which it was committed, and the provisions of the employer’s Disciplinary Code.

How long after redundancy can you rehire UK?

There is no strict period of time given for how long you need to wait. However, you may need to allow some time (typically one week) in between the termination of one period of employment and the commitment of the new employment.

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.