if someone is made redundant can they be replaced? Yes, they can but it may invite unwanted pressure from the person that was replaced if you are not careful. Is this legal? And what recourse is available to your former employee if they feel unfairly treated? In this article, we will look at the potential legal implications of making someone redundant, as well as what to do if former employees take legal action against you.
Reasons for Replacing an Employee You Made Redundant
The decision to make a member of staff redundant can be a tough one. It is not an easy process and the aftermath is also difficult, but sometimes it has to be done for reasons such as business closure or financial difficulties. However, if you have made someone redundant, you may want to consider replacing them.
There are various reasons why you might want to replace someone you have made redundant. These include:
- Your business’s circumstances have changed and you now have more work than your business can handle. In this instance, you may find it worthwhile hiring someone else to do the work that was previously done by your former employee.
- You misjudged the situation and have now found that your business is unable to function without somebody in the vacant role. In this case, you will need to hire a replacement as soon as possible to avoid any negative impact on your business.
- Your business may simply be struggling financially and you can save costs by replacing somebody who was made redundant recently with someone on the minimum wage or a job seeker’s allowance.
The Timeframe for Replacing an Employee
While there is no legal timeframe for replacing an employee you may have made redundant, if your former employee was told their position was no longer needed, they are likely to question why they are now being replaced.
On the other hand, if the employee was made redundant due to poor work performance or because you want to cut costs by hiring someone for less money, you may be able to replace them immediately without any backlash. This will enable you to keep your business moving as you can get a new person in right away to fill the role.
The decision to replace an employee who has been made redundant should not be taken lightly and you should weigh up all of the pros and cons before making a final decision.
Why a Former Employee May Claim Unfair Dismissal
If you have made someone redundant, they may claim unfair dismissal if they feel that they were not given a fair chance to improve their work performance or were fired for an unjustified reason.
Former employees can make a claim for unfair dismissal at an employment tribunal. If the tribunal finds in their favour of the former employee, they will then be eligible for compensation.
The amount of compensation that a former employee can receive depends on various factors such as their length of service, age and salary but you may be looking at many thousands of pounds as well as a serious hit to your business’s reputation.
What to do if a Former Employee Takes Legal Action Against You
If a former employee takes legal action against you, it is important to seek legal advice as soon as possible. An employment lawyer will be able to advise you on the best course of action and help you defend any allegations made against you.
At Neathouse Partners, we have extensive experience in dealing with employment law cases and we can provide you with the best possible legal advice. We will be able to deal with all aspects of your case and help to ensure that you get a fair result. Get in touch with us today and we can discuss your legal situation.
What Happens at an Employment Tribunal for Unfair Dismissal?
If a former employee makes an application to an employment tribunal, they will be asked questions about their previous job. The tribunal will consider whether or not the dismissal was fair and determine what compensation would be appropriate based on length of service and salary.
We will help to prepare you for a tribunal hearing and advise on whether or not it is worth taking your case to court. The most important thing is that you provide us with as much information as possible so that we can build a strong case on your behalf.
Rehiring a Former Employee vs Replacing Them
There are several factors you will need to consider when deciding whether or not to replace someone who has been made redundant. These factors include:
- Whether your former employee wants to return.
- The cost of replacing the employee rather than rehiring them.
- The time it will take to find a replacement and get them up to speed.
- Whether or not you have had to make any other staff reductions recently.
- Whether you are able to find someone as good as your former employee for less money.
One of the most common enquiries we receive at Neathouse Partners is “if someone is made redundant can they be replaced?” The reality is that making an employee redundant is never an easy decision and you should never take it lightly. However, there may be times when it is necessary to replace an employee who has been made redundant. If you do decide to replace them, it is important to take into account all of the factors involved in order to make the best possible decision for your business.