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Friday, 12 April 2013

Employee Redundancy

Q: I was made redundant in February. Am I right in thinking that this means my former employer is unable to refill my position, I think, for at least six months?



A: No, you're not right in thinking that. An employer can hire someone else right after you leave, but it will cast doubt on the real reason for firing you. If this happens, you can bring a claim for unfair dismissal and if the employer cannot prove that the redundancy was genuine, but the circumstances have now changed, you will definitely be successful with your claim. 

What you described is one of the sly ways in which employers avoid getting caught when using redundancy to unfairly dismiss someone. They either wait a while before hiring someone new or they re-name the position.

4 comments:

  1. My position was made redundant a few two weeks ago, it was one of four positions that we made redundant, I was not a work when the meeting to inform us was called. These positions were grade 70. Now we have to reapply for 2 grade 70 positions and 2 grade 60 positions. What recourse do I have.

    ReplyDelete
    Replies
    1. Send me a private e-mail; I need more information.

      Delete
  2. Redundant employees should be really given proper benefits to avoid legal issues.

    ReplyDelete
  3. An employee was given the option to relocate for employment and refuses, but their position at their original employment location has become redundant. Can I terminate employment because of redundancy and unwillingness to relocate for employment?

    ReplyDelete

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