Can I be made redundant and then replaced. If youre being made redundant you might be eligible for certain things including.

Winning At Redundancy How To Get The Best Package Slf Lawyers

Redundancy is a form of dismissal from your job.

Made redundant and then replaced. If the job is the same one that you made them redundant from I think you may find that you will be obliged to re-employ them. However before we were given our notices a person was employed in our global office and I have now been told that she had applied for my role. You can be made redundant while youre on holiday.

You are treating it as though the redundancy was never made then the re-employed person is not required to return any statutory redundancy payment If you make a person redundant and then immediately re-hire them this may look suspicious and you may be investigated by HMRC. I was made redundant then my role was given to someone else. Even if youre on holiday they need to meet you individually before choosing you for redundancy.

You are not allowed to use the term redundancy just to get rid of a worker. If they elect to transfer and are made redundant by the new employer they are then entitled to whatever redundancy provisions are contained in. Myself and one other collegue were made redunant at Christmas time 2012.

Because its the position that is no longer needed not the employee the redundancy is very likely to be unjustifiable if an employee loses their position and then is replaced by someone else in the same position. However if they then hire someone to replace you after being made redundant this is illegal and you could file for wrongful or unfair dismissal. I was made redundant at the end of july due to covidI found out today they have taken on a new member of staff to fill my position can they do thatThey knew once the restrictions were lifted and the building trade picked up again there would be plenty of work for the fencing team which i was part ofI was not offered the position to go backThe reason for redundacy was any non drivers could.

First in-first out i think was the generla reason I was somewhat sucessful in moving to. By law a business has to choose fairly who will be made redundant. If you were made redundant that is you were told that your job was no longer needed but you get clear evidence later that this was not the case you may be able to claim unfair dismissal.

After theyve served their redundancy notice period they can then leave the business. If youll have been working for your employer for at least 2 years by the time you leave make sure your employer has followed a fair process. Likewise if as part of a restructure a part time Office Manager is made redundant and then replaced with a full time Office Manager possibly for because they will do the job more efficiently again there is no diminution in work.

If you have been put on short time and then are made redundant your redundancy payment may be based on your pay for a full week. If a redundant person is replaced by someone else in the same position the redundancy is very unlikely to be justifiable. Redundancy is only allowed if theres no longer a need for the role to exist and it certainly isnt legal for you to be made redundant only for your job to be taken by someone else shortly after youve been made.

Even if the job advertised is not the same as the one you did but is sufficiently close that you might be able to do it you could still have a case. Whilst there are a host of reasons for legitimate redundancy you cant be made redundant whilst your job still exists. Kitchen supervisor job description.

Common Issues Re-Employing People You Made Redundant. Hi all please can i have some advise on whether my company are allowed to do the below. It happens when employers need to reduce their workforce.

Adopt a fair basis on which to select those to be made redundant. If youre dismissed and directly replaced by a new employee this cant be classified as redundancy. There will again be no redundancy and.

An employer must follow a proper and fair process and all redeployment options exhausted before any positions are made redundant. For you to be made redundant your job has to cease to exist. If there job is needed than I think they eed to be re-engaged.

Then this is the guide for you. But the employer can continue making appointments for other roles in the business. In fact in this example it is arguable that there is more work.

You cant just be replaced by someone else. If this happens section 138 of the Employment Rights Act 1996 states that as long as the renewal or re-engagement under a new contract of employment takes effect within four weeks of the expiry of the old contract then the employee will not be regarded as having been dismissed made redundant. Ive been made redundant.

Can I be replaced by someone else. As the reason you made them redundant was that their job was no longer needed. This has been sadly common during the recession and economic downturn as businesses have had to scale right back.

Who can be made redundant. Due to changing circumstances such as the business recovering from an economic downturn you may find that you need to fill one or more of the positions that youve previously made redundant. I was on a team of 7 people and we had to go through a redundancy to reduce the number of heads due to out sourcing certain admin works aboard.

It has been the view of the Workplace Relations Commission that when a person is put on short time that is less than half their normal weekly earnings the gross wage for the calculation of a redundancy lump sum is. If youre made redundant on holiday. However if they then hire someone to replace you after being made redundant this is illegal and you could file for wrongful or unfair dismissal Why me.

You cant be made redundant arbitrarily your employers criteria should be clearly defined and as objective as possible.