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Can I Take on More Staff After Making Person Redundant?

By: Emma Eilbeck BA (hons) - Updated: 30 Jul 2018 | comments*Discuss
 
Redundant Employers Staff Redundancies

Q.

If I were to make a member of staff redundant due to the economic downturn, would I be able take on more staff when and if things pick up?

(M.W, 8 July 2009)

A.

As the credit crunch takes hold more employers are being forced to shed members of their workforce in order to keep costs down. The last thing you want to do is appear insensitive to any loyal staff you have had to make redundant, but it may be you need to recruit more staff into other areas of the business.

But before you embark on any redundancies make sure that the person’s job has actually become redundant.Redundancy means that their role no longer exists or there will be less demand for their job in the foreseeable future.

For example, if you employ a group of builders and there is no work for them for the next six months you will need to make some redundant. But if there is work coming in that you know about, be careful not to use redundancy as an excuse to get rid of some dead wood within the workplace, or you could find yourself in hot water.

There are no set rules as to how long you have to wait before recruiting extra staff but you could land yourself in a legal battle if you take on somebody to do a job that has just been made redundant.

If however you are recruiting to the same role because you have won a new contract or some extra business has unexpectedly come your way, this is acceptable.

But to be on the safe side, if you are thinking of taking on any new recruits after making redundancies you should make sure their job role differs to that of the people you have just made redundant. If you are already thinking about taking on a new member of staff in that same role you should ask yourself why you need to make that person redundant in the first instance.

One potential grey area within redundancy law is when you are genuinely cutting down your workforce but you make one member of staff redundant and place an existing employee into their role. This is generally deemed to be acceptable as long as you have reduced the overall size of the workforce and you can prove there is a genuine need for doing so.

If you are making more than 20 staff redundant you will need to go through a consultation period for 30 days. You should also do everything to can to help place them somewhere else within the business and consult their trade union – if they have one.

It is not uncommon for staff that have been made redundant to seek their revenge on employers through unfair dismissal charges. It is important that when you make redundancies you can prove that their job is no longer needed or there will be less demand for it in the future, as long as you follow these rules you should not land yourself in hot water.

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Langjitiya - Your Question:
Hi, I work for a big MNC and due to the economical downturn, now one of my team member's role is moving to overseas, only a portion of the team member's role has been moved out. And the other potion is remaining within my Australia onshore team. Currently I been told I cannot backfill that position for cost saving purpose, the remaining portion of the job of my team member now need to be fullfiled by myself as the work need to be done. Is this constitute a change in my role , can I ask for redundancy? Thanks a lot

Our Response:
Unfortunately, we cannot advise as we are a UK-based site with knowledge only of UK redundancy regulations.
RedundancyExpert - 31-Jul-18 @ 12:04 PM
Hi, I work for a big MNC and due to the economical downturn, now one of my team member's role is moving to overseas, only a portion of the team member's role has been moved out. And the other potion is remaining within my Australia onshore team. Currently I been told I cannot backfill that position for cost saving purpose, the remaining portion of the job of my team member now need to be fullfiled by myself as the work need to be done. Is this constitute a change in my role , can I ask for redundancy? Thanks a lot
Langjitiya - 30-Jul-18 @ 4:43 PM
I am a director of a petrol station franchise. Can I make my night staff redundant to work myself in his place to save money as I cannot afford it? I don’t want to recruit someone but just want to work those hours myself. Thanks
Adam - 13-Jun-18 @ 1:19 AM
My role in large bank is being relocated to another UK country. I was offered and accepted redundancy. I have been given my notice and set my end date for three months. My role is being advertised in new location at a higher salary banding. A leadership manager in our company has implied that our team should have always been on that band (not our current lower paid band) and has implied that it was an oversight by HR. Do I have any right to recompense?
Batt - 28-May-18 @ 6:43 PM
Constantly - Your Question:
I am looking for some advise as the company that I work for has begun consultation with staff. I am looking for some advise in terms of part time and full time staff. Can an employee who works part time apply to increase their hours at the same time that the company is making people in the same role redundant. Any help and advise would be greatly appreciated?

Our Response:
It's the jobs that are made redundant, not the people. If there is a demand in another area of the business, then that specific position's hours can be increased if it can be justified. You can see more about the fair redundancy process via the link here .
RedundancyExpert - 11-May-18 @ 12:44 PM
I am looking for some advise as the company that I work for has begun consultation with staff. I am looking for some advise in terms of part time and full time staff. Can an employee who works part time apply to increase their hours at the same time that the company is making people in the same role redundant. Any help and advise would be greatly appreciated?
Constantly - 10-May-18 @ 5:44 PM
BIGd - Your Question:
My self and my Canadian colleague do the same job (both have same job title). Where would I stand as we have been told to expect redundancies. Is there a preference/ requirement to keep the uk national?

Our Response:
There should be no discrimination in making redundancies. you can see more about the process of making a fair redundancy process, please see link here.
RedundancyExpert - 3-Apr-18 @ 12:59 PM
My self and my Canadian colleague do the same job (both have same job title). Where would i stand as we have been told to expect redundancies. Is there a preference/ requirement to keep the uk national?
BIGd - 2-Apr-18 @ 5:00 PM
Can an employer start recruiting whilst have staff on a rolling notice ?
Buff - 30-Mar-18 @ 12:49 PM
Mark - Your Question:
Hi, I have recently been made redundant. It has been 2 weeks since this has happened, I have today found out that my position has been filled by another employee and that person has the same job title as mine. Where do I stand?Many thanks.

Our Response:
Much depends upon how long you have been with the company etc. You can see more via the link here . You may also wish to give Acas a call as its advisers will tell you if yoru redundancy is considered fair or unfair.
RedundancyExpert - 29-Mar-18 @ 11:54 AM
Hi, I have recently been made redundant. It has been 2 weeks since this has happened, I have today found out that my position has been filled by another employee and that person has the same job title as mine. Where do I stand? Many thanks.
Mark - 28-Mar-18 @ 7:26 AM
Gill - Your Question:
I was made redundant 2 weeks ago and I am off and in my notice period as they paid me offI have just found out they have employed someone else (I know on a cheaper salary) doing my job Is this allowed ???

Our Response:
It is the job that is made redundant, not the person. You can see more about what constitutes unfair dismissal via the link here.
RedundancyExpert - 9-Mar-18 @ 2:20 PM
I was made redundant 2 weeks ago and I am off and in my notice period as they paid me off I have just found out they have employed someone else (I know on a cheaper salary) doing my job Is this allowed ???
Gill - 8-Mar-18 @ 10:45 PM
Albert - Your Question:
My granddaughter has been made redundant after only working for a company for two weeks.She work for this company as a temp through an agency.They have told her she cannot go into the office to retrieve her private property.Is this right?

Our Response:
Your granddaughter should be able to retrieve her property from her former employer. She can liaise with the temping agency, who should be able to help regarding this matter.
RedundancyExpert - 23-Feb-18 @ 9:45 AM
My granddaughter has been made redundant after only working for a company for two weeks .She work for this company asa temp through an agency.They have told her she cannot go into the office to retrieve her private property.Is this right?
Albert - 22-Feb-18 @ 6:26 PM
MIMI - Your Question:
I have been made redudant by this end of month,and I want to volunteer in the same place my employer said no ,you can't.why?

Our Response:
We cannot anticipate why your employer may have refused your offer. However, it is your employer's decision.
RedundancyExpert - 16-Feb-18 @ 12:41 PM
I have been made redudant by this end of month,and i want to volunteer in the same place my employer said no ,you can't.why?
MIMI - 13-Feb-18 @ 11:30 AM
Michelle - Your Question:
I got made redundant October 2017, the reasons being that the organisation would make one manager over 2 departments ( I was over 1 department) they wanted to save money and just pay one manager. The new manager left, and 4 months after my redundancy someone has been promoted to the job role I was in. He is also on more money than what I was on, so there are no savings, actually spending more. Do I have a case against them?

Our Response:
Much depends upon the circumstances, whether others were made redundant, or you felt you were being singled out etc. If your employer engaged someone else in your particular role shortly after making you redundant from that role, this may cast doubt on the genuineness of the redundancy. However, if the economic situation suddenly changed and your employer needed to employ someone, there is no obligation to offer you, your job back. Your employer is entitled to recruit someone else instead. In this case, you would be advised to ring ACAS regarding this matter in order to explore your rights and options here.
RedundancyExpert - 9-Feb-18 @ 9:30 AM
I got made redundant October 2017, the reasons being that the organisation would make one manager over 2 departments ( I was over 1 department) they wanted to save money and just pay one manager. The new manager left, and 4 months after my redundancy someone has been promoted to the job role I was in. He is also on more money than what I was on, so there are no savings, actually spending more. Do I have a case against them?
Michelle - 8-Feb-18 @ 1:34 AM
Hi I work in the NHS and we have to make some changes due to a new commissioner. We work in bands,and the band higher than me have been told there are none of this band for the new contract. However, a creative person has created a ' new role' for these people to slot into and not allow the band below to apply even though part of their role already does some of this work already. The decision has been made purely on speculation not figures or flow. Is this legal? Thank you
Dita - 31-Jan-18 @ 10:39 AM
Cazza - Your Question:
My role is being made redundant. I have been told that I will not be job matched in the new company restructure. However, we have also been told that due to not being job matched we cannot apply for any ring fenced jobs either. The company will try to redeploy me if they can.Do I have a right to refuse to be redeployed into another role if it does not meet my skill set?

Our Response:
You can see more via the WorkSmart link here , which should help answer your question.
RedundancyExpert - 18-Jan-18 @ 12:01 PM
My role is being made redundant. I have been told that I will not be job matched in the new company restructure. However, we have also been told that due to not being job matched we cannot apply for any ring fenced jobs either. The company will try to redeploy me if they can. Do I have a right to refuse to be redeployed into another role if it does not meet my skill set?
Cazza - 17-Jan-18 @ 9:18 AM
I’ve been a waitress for 3 years now and we have just been told both companies are being made redundant his closing one cafe but keeping our one open can he take on new staff stright away and is it fair for him to do this.
Mich - 13-Jan-18 @ 9:41 AM
Bab1 - Your Question:
I was made redundant in November the company that made me redundant are advertising again for the same job. I was told that they were reducing the fleet and that there was no work due to end of season I was also told that if they took on again in the new year they would let me know. They have not been in touch.

Our Response:
Much depends upon the terms of the redundancy and whether it can be deemed to be genuine. You cannot apply for unfair dismissal unless you have been with your employer for more than two years. If you have and you feel you have been treated unfairly and think you have a claim for unfair dismissal, then your employer would need to demonstrate there was a genuine redundancy/economic situation which prompted redundancy and the situation changed. You can see more via the CAB link here . You may also wish to give ACAS a call.
RedundancyExpert - 11-Jan-18 @ 12:21 PM
I was made redundant in November just gone and my company Promised that if business picked up I would be the first to know but I have seen my job advertised today.What can I do about this?
TN - 11-Jan-18 @ 1:13 AM
I was made redundant in November the company that made me redundant are advertising again for the same job. I was told that they were reducing the fleet and that there was no work due to end of season I was also told that if they took on again in the new year they would let me know. They have not been in touch.
Bab1 - 10-Jan-18 @ 8:57 AM
@Nashville - it depends whether your employer can justify the reasons of making you redundant and whether others were made redundant at the same time. If there was a sudden upturn in business then your company might be able to justify employing someone new in your job, but I'd ring Acas who will tell you.
NHS - 14-Dec-17 @ 12:58 PM
Is this a case of unfair dismissal they asked for volunteers redundancy as they did not have the money to employ me and theaten that if they did not get the numbers we would lose 10weeks redundancy pay so I took the redundancy package then within 2months the employed another person in my job role would I have a case to take them to a tribunals
Nashville - 13-Dec-17 @ 5:25 PM
Smullj - Your Question:
Hi my brother is a supervisor at a waste yard and has been a jcb driver since the day he started working there 2 and a half years ago. His contract has him down as supervisor but we have been advised that as he has been jcb drived since the day he began working there it is classed as a implied term. He was recently told they were making him redundant as the new manager would be taking over as supervisor. However the yard has only 1 other qualified jcb driver who doesnt want that role. The yard can not function without a jcb driver. Which means they will replace him soon as he is gone. They have offered him no other position in the company. He is the only person being made redundant in the whole workforce. There has been tention between himself and the new manager since the new manager started a couple of months ago. So it feels like he was just pushed out as the manager didnt like him. Today hes been offered a months pay and £300 redundancy. He was told he will be taxed on it if he doesnt take the deal of signing all his rights over to stop him taking them to tribunal for unfair redundancy. If he does take the deal of signing over all his rights he wont be taxed at all. Is this whole redundancy legal?

Our Response:
Sounds more like bribery. In this case your brother needs to give his contract a read to see the terms and conditions of his employment and give ACAS a call to see whether this amounts to unfair redundancy. You can see more via the link here .
RedundancyExpert - 11-Dec-17 @ 2:35 PM
Hi my brother is a supervisor at a waste yard and has been a jcb driver since the day he started working there 2 and a half years ago. His contract has him down as supervisor but we have been advised that as he has been jcb drived since the day he began working there it is classed as a implied term. He was recently told they were making him redundant as the new manager would be taking over as supervisor. However the yard has only 1 other qualified jcb driver who doesnt want that role. The yard can not function without a jcb driver. Which means they will replace him soon as he is gone. They have offered him no other position in the company. He is the only person being made redundant in the whole workforce. There has been tention between himself and the new manager since the new manager started a couple of months ago. So it feels like he was just pushed out as the manager didnt like him. Today hes been offered a months pay and £300 redundancy. He was told he will be taxed on it if he doesnt take the deal of signing all his rights over to stop him taking them to tribunal for unfair redundancy. If he does take the deal of signing over all his rights he wont be taxed at all. Is this whole redundancy legal?
Smullj - 8-Dec-17 @ 6:47 PM
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