Reinstated employee but job has been filled by a new person.

studentphil

What happens if someone is reinstated to a job but they have filled their job with someone else? I just wondered what an employer would do.

floss2

Does this relate to a job you have got Phil? Or is it a hypothetical situation?

studentphil

floss2 wrote: »

Does this relate to a job you have got Phil? Or is it a hypothetical situation?

It is just a hypothetical situation.

anewman

Whatever they like - is probably the answer.

dmg24

For what reason was the person reinstated?

studentphil

dmg24 wrote: »

For what reason was the person reinstated?

Say an unfair dismissal claim.

dmg24

studentphil wrote: »

Say an unfair dismissal claim.

Then the person should be reinstated to their old position. The newly appointed person should be redeployed.

studentphil

dmg24 wrote: »

Then the person should be reinstated to their old position. The newly appointed person should be redeployed.

But what if there are no other jobs to put the newbie in? So the old person would have to be made redundant anyway.

whitewing

Again, hypothetically, if the new person were on a trial period with the employer, would the employer be able to terminate their contract in phil's scenario?

dmg24

studentphil wrote: »

But what if there are no other jobs to put the newbie in?

Redundancy? No longer required for the needs of the business?

It is likely that, if the employer knew that reinstatement was a possibility, they would only recruit somebody for the role on a temporary/ fixed term basis.

studentphil

whitewing wrote: »

Again, hypothetically, if the new person were on a trial period with the employer, would the employer be able to terminate their contract in phil's scenario?

That would be highly unfair.