# Is there a limit after which an employer re-fill a redundant role?



## QuietOne

I have recently been notified of redundancy, due to come in to effect at the end of May 2009. 

My query is if there is a time limit after which an employer can refill or recreate a redundant role?

I am the only staff member who looks after the Marketing remit. Does this mean that effectively the company can never employ someone in marketing or is there a time cap that applies? How do I ensure that my redundancy is legitimate and that I am being treated fairly? Thanks in advance for any light you can shed.


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## Brendan Burgess

Hi 

No. They can make you redundant and give your duties to some other existing employee. 

They can't make you redundant and take on a new employee to fill the job. 

You can argue that they dismissed you and that it was not a genuine redundancy.

Brendan Burgess
[broken link removed]


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## WaterSprite

They can refill the position with a new person if the fortunes of the company change.  For example, a new deal or new money may come in and then they can hire new staff - you sometimes see this in the venture capital world where companies are running out of cash, are forced to make redundancies (legitimately), not knowing when or if the VC funding will come in.  Then the money comes in after the redundancies - they are free to hire new people again.


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## eeyore2502

I also would be interested in this.  My husband was made redundant in February but he his heard a rumour last week that someone is being employed for his job and the company has not received help or more accounts!


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## JoeRoberts

I always understood that the company had to wait 6 mths to fill the position or else offer it to the person who lost it.
I don't know the legal basis of this but it was always done this way in our company.


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## eeyore2502

I had heard something like that before but I can't find anything on it legally either!!


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## WaterSprite

You may be thinking of the rule that, if an employer engages an employee within 6-months of redundancy, then any application by the Company for State payment of the applicable portion of statutory redundancy will be invalid.  So re-engagement within 6 months of the same employee would mean that it wasn't a real redundancy situation (in the State's eyes only) and the state reimbursement should be repaid (by the company).  

If an employee is re-engaged within a certain period (I think it's 4 weeks), then their length of service remains intact (slightly OT but relevant nonetheless I think).

But, assuming there's a real redundancy situation _at the time of redundancy_, then the company can hire whoever they want, whenever they want after that.


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## mini6

I have had such a query recently through my own job and was told by the DETE that there is no hard and fast rule and is judged on a case by case basis.  I am in the construction industry and we had cause to rehire temporarily some people that were previously made redundant.  They also indicated that they were sensitive to the current climate and that as long as they felt the circumstances were reasonable, it would be ok to refill the position.


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## QuietOne

Thanks to all for your input. That clarifies the matter a bit as I hadn't been able to find anything on the issue on the internet. Best wishes, QO


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