How long after a redundancy exercise an employer reinstate a post?Posted in : First Tuesday Q&A NI on 7 February 2012 Issues covered:
There is no set, safe period after a redundancy exercise to reinstate a post.
One of the main risks an employer would have to mitigate against here is an employee arguing, after his or her dismissal for redundancy, that the dismissal was unfair on the basis that the employer didn’t have a genuine redundancy situation. This could be on the basis that the employer didn’t genuinely have a reduced requirement for an employee’s post to carry out work of a particular kind if, in fact, it needed to fill that post fairly soon after the dismissal.
Obviously, the longer the period between the redundancy and the post being reinstated the better, but the risk of claims would still need to be assessed
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.