Post Redundancy Recruitment – Beware The Risks

When employers operate a restructuring or redundancy process it is important to consider suitable alternative roles before confirming any redundancies. However, once a redundancy termination occurs it will be difficult to justify recruitment of new staff into a role that was identical or similar to any roles that were the subject of a recent redundancy. An employer may assume it is safe to start recruiting again immediately after making staff redundant but, unless there has been a sudden and significant increase in workload immediately after terminations occur, the recruitment may result in the redundant staff lodging Tribunal claims.

In general, redundancies should always be considered as a last resort. Where suitable alternative employment can't be offered, employees can be let go but are entitled to receive a statutory redundancy payment if they have 2 years continuous service. In order to take an unfair dismissal tribunal claim, NI based employees only require