Right to re-employment
Right to re-employment. A person made redundant must be re-employed if their former post becomes available again within one year.
What it is
An employee whose employment is ended on grounds of redundancy is entitled to re-employment if the post they occupied becomes available again within one year of the termination (Employment and Industrial Relations Act, Cap. 452, proviso to article 36(3)).
On what terms
- The person must be re-employed on conditions no less favourable than those they would have had if the employment had not been ended.
- Once re-employed, they are treated for the purposes of the Act as having continued in employment, despite the termination.
Before a transfer of business
A related rule applies where people are made redundant before a transfer of business that would otherwise have moved them to the new employer. The transferee must re-employ them, on the same conditions, if their previous posts become available within one year from the notice of redundancy, and the transferor must give the transferee the information it needs (Transfer of Business (Protection of Employment) Regulations, S.L. 452.85, regulation 3A).
What it means in practice
For employers: keep a record of redundant posts for a year, and check it before recruiting. Re-creating the same role under a new title does not avoid the question.
For employees: watch for the same or a similar post being advertised within the year, and keep a note of what you see.