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Furlough and bringing back newly redundant staff - what's the actual procedure?
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Basilboodie
Posts: 4 Newbie

We made someone redundant on 31st October, which we wouldn't have done if we knew furlough would continue. We know that we can rehire her. However, what does that mean in practice, and what is the procedure?
Can we sort of tear up the redundancy process as if it never happened, and just bring her back and carry on with her continuity of employment? Or do we have to rehire her as if she was a brand new employee?
What happens about the redundancy payment? Are we entitled to get that back, or does she keep that as well as be put back onto the furlough scheme? That would be a big issue for us during these times, and we are not sure we could afford to pay the associated furlough costs, as well as simply let the redundancy money go. A more minor issue is the money she received in lieu of holidays, and whether we can get that back.
It just seems that saying she can 'be rehired' is really not enough information, and not a great help! We really would like to be able to bring her back for her own benefit, but can't seem to figure it out. Thank you.
Can we sort of tear up the redundancy process as if it never happened, and just bring her back and carry on with her continuity of employment? Or do we have to rehire her as if she was a brand new employee?
What happens about the redundancy payment? Are we entitled to get that back, or does she keep that as well as be put back onto the furlough scheme? That would be a big issue for us during these times, and we are not sure we could afford to pay the associated furlough costs, as well as simply let the redundancy money go. A more minor issue is the money she received in lieu of holidays, and whether we can get that back.
It just seems that saying she can 'be rehired' is really not enough information, and not a great help! We really would like to be able to bring her back for her own benefit, but can't seem to figure it out. Thank you.
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Comments
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Just search for it and you will get plenty of information, for example:
https://www.xperthr.co.uk/faq/is-an-employer-obliged-to-wait-a-certain-period-of-time-before-re-employing-an-employee-who-was-dismissed-for-redundancy/87445/
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The only legal problem is if HMRC decide you did a quick redundant/rehire in order to give them a tax free lump sum via the redundancy payment.
Other than that all the other things are whatever you and the employee can agree on0 -
Present her with the terms you’d like - return of the redundancy money and holiday pay - and if agreeable you can rehire very easily.0
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