Redundancy

Witch25

Hello

I was made redundant from a position and now I have seen my previous company advertising this position again. I cannot seem to find any information on this but I have heard that a company cannot reopen a position 12 months after it has been made redundant. Does anyone know if this is correct, and if it is, who you can report them too for this?

Thank you.

Bandana boy

From this Article

Where an employee has been dismissed by reason of redundancy, he can seek to challenge the redundancy as an unfair dismissal. If an employer is planning to rehire someone to fill the role that was made redundant, then the risks of a successful legal challenge to the redundancy are clearly much higher.
If such a claim is made, an employer will have to justify the original redundancy and the decision to re-hire.
It is important to note that, if an employee successfully challenges their redundancy, the Employment Appeals Tribunal can order re-engagement, re-instatement or award compensation of up to two years’ remuneration (subject to the employee’s obligation to mitigate their losses).
An employee generally has six months to challenge a redundancy, but this can be increased to 12 months in exceptional circumstances.
It is accepted that there may well be valid grounds for an employer to re-hire after a redundancy, for example, where there is an unexpected upturn in business. However, this would be scrutinised closely and with some degree of suspicion by the courts/tribunals.
One way of managing this risk is to agree a form of compromise with the employee. If an employee agrees to compromise his rights by signing a compromise agreement (normally in return for an ex gratia payment), then an employer would be free to fill the role that was made redundant.

inireland

true