Can a company make a position redundant and then replace them?

Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.

Can a company director make himself redundant?

As the sole director of a limited company you may be surprised to learn that you can technically be made redundant as long as you are also classed as an employee. The redundancy claim will then be passed over to the Redundancy Payments Service (RPS) who will fund the redundancy pay owed to the director.

How do I claim redundancy money?

Claim for redundancy and other money you’re owed by an employer

a ‘CN’ (case reference) number.
your National Insurance number.
an email address.
your bank or building society details (so you can get paid)
the date you became redundant (if you lost your job) – this can be found on your official letter of redundancy.

Can a company recruit after making a redundant position?

The simple answer is yes, you can recruit after making a position redundant. Once employment has been terminated by reason of redundancy, employers are not subject to any legally-imposed time period before which they can hire again for the redundant role.

When is a dismissal not a genuine redundancy?

A dismissal is not a genuine redundancy if the employer: still needs the employee’s job to be done by someone (eg. hires someone else to do the job) has not followed relevant requirements to consult with the employees about the redundancy under an award or registered agreement or

When is the deadline to claim redundancy in the Employment Tribunal?

However, as discussed above, timing should be a consideration to mitigate the risk of allegations of non-genuine redundancy and potential claims for unfair dismissal by redundant employees. The deadline for an employee to make a claim in the Employment Tribunal is three months after the date of termination of their employment contract.

What do you need to know about redundancy plans?

First, set out your proposals in writing. This should include the reasons for the restructuring, and which employees are at risk of redundancy, and why. Then, you need to meet with the affected employees and discuss the changes with them.

When is an employer considering making an employee redundant?

When an employer is considering making an employee (s) redundant or restructuring job positions, it is important that an employer shows good faith to its employees. The employer needs to ensure that the redundancy is genuine and must follow the correct process when carrying out either the redundancy or restructuring.

Do you need to make a position redundant by restructuring?

A business restructure doesn’t necessarily mean you need to make redundancies. However, in some cases it’s unavoidable. If you’re considering making a position redundant by restructuring, don’t assume you don’t need to follow the usual process.