How long after a redundancy exercise can you reinstate a post?

Posted in : First Tuesday Q&A ROI on 2 September 2015
Barry Walsh
McDowell Purcell
Issues covered:

There are no prescriptive legal rules on when an employer can reinstate a post that has previously been made redundant. The reinstatement of the post in itself is not, as such, regulated by employment law. The real question is what effect the reinstatement may have on any claim by the person that previously held the post that the prior redundancy was not genuine and therefore an unfair dismissal.

In circumstances where an employer has paid an enhanced redundancy and has secured a Compromise (Waiver & Discharge) Agreement and where the redundant employee has taken legal advice on that Agreement, it should be relatively low risk to proceed to reinstate that post. However, where there is

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Back to Q&A's This article is correct at 02/09/2015

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Barry Walsh
McDowell Purcell

The main content of this article was provided by Barry Walsh. Contact telephone number is +353 1 828 0600 or email

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