How long after we have made redundancies do we have wait before we can recruit again?

In November 2009 we made four people redundant. We had a decrease in work in two departments but not across the board. Now we are looking at recruiting. Do we have to wait for a specific period of time before we can recruit? Do we have to re-employ the people who have been made redundant?

Hi Dee

I assume you meant November 2008. in which case you can go ahead recruit who you like. Employees have three months from the effective date of termination in which to bring an unfair dismissal claim, so it is too late now for them to claim if they have not already done so.

Generally speaking, it is always best to wait at least 3 months before recruiting to posts that have previously been made redundant, for the reason stated above. However, if the need for recruitment is something that was unforeseen at the time of dismissal (e.g. if you suddenly and unexpectedly win a new large order) you should be able to successfully defend a claim (on the basis that the dismissals were fair as the work had diminished at the time).

Regards

Pete