Retail Motor Law

Can I re-employ one of my staff who was made redundant? PDF E-mail

During recent months there may have been no alternative to redundancy, however if work then starts to come in and you need more staff - can you re employ a member of staff you made redundant?

Yes you can, however you should be careful that you don't run the risk of a previous employee questioning whether the redundancy was genuine and them claiming unfair dismissal. An employee you have made redundant has 3 months from the date that their previous employment ended to bring a claim, provided they have had one year’s service.

Ideally it is probably better to wait 3 months before employing any additional members of staff.

Even after 3 months the supply of work maybe unreliable and you may not have enough work to employ someone permanently.

One option is to offer the member of staff a Fixed Term Contract (FTC). A Fixed Term Contract is a contract that either has a specific end date of will run for a period of time e.g.  3 months.

However there are some points and pitfalls that you must consider and avoid.

If an employee remains on an FTC for more than 4 yrs then they will automatically convert to a permanent contract under the Fixed Term Employees (Less Favourable treatment) regulations 2002.  This will also apply if an employee has a series of fixed term contracts which exceeds 4 yrs.

Finally make it clear that the Fixed Term Contract is a new period of employment to prevent any queries about the continuity of employment and the four year rule. Also remember that a member of staff has the same unfair dismissal rights after one year - the same as a permanent employee. If the FTC runs a year or longer (or a series of contracts), the employee will have the right to claim unfair dismissal.


RML members can download a sample Fixed Term Contract



You are here: Home RML Frequently Asked Questions Can I re-employ one of my staff who was made redundant?

RML Debate latest

End of Jury Trials for minor offences?
The Law Society has criticised the proposal by the Commissioner for Victims of Crime to end jury trials for minor crimes, warning that a convictio...
Compromise Agreements under the Equality Act
Every Employment lawyer is talking about it, so I thought a posting might be useful. On a literal interpretation of s147(5)(d) of the Equality ...

Frequently Asked Questions