Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long did the person who was made redundant work there for?
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.
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