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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47337
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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How do you have to wait to recruit into a post that has been

Resolved Question:

How long do you have to wait to recruit into a post that has been made redundant
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

How long did the person who was made redundant work there for?

Customer: replied 10 months ago.
1 year 5 months they can't claim unfair dismissal. Just want to make sure we can recruit back into the post.
Expert:  Ben Jones replied 10 months ago.

There is no minimum time requirement defined in law to have to wait between making someone redundant and replacing them. Your main consideration therefore is whether by replacing someone soon after they were supposedly made redundant, it gives them an opportunity to potentially challenge the redundancy. So you then have to look at the circumstances in which someone can challenge a redundancy. Unless the redundancy can be attributed to discriminatory reasons, an employee needs 2 years service to make a claim. In addition there is a time limit of 3 month from the date their employment terminated to issue such a claim. So it is generally considered that the ‘safe’ period to wait to replace someone after they are made redundant is at least 3 months from the date they were made redundant. However, as the employee here did not have 2 years service they cannot make a claim anyway so this 3 month period can potentially be ignored.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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