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

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