Q&A

Can a job hire you back after firing you?

Can a job hire you back after firing you?

It isn’t unheard of for someone to reapply for a job from which they were previously fired. Whether you’ll be considered for your old job heavily depends on the reason for your termination. In most cases, if you didn’t do something that was illegal or breached trust, an employer would consider rehiring you.

Can you’re employ someone after dismissal?

Once employment has terminated by reason of redundancy, if the economic situation suddenly changes and the employer needs to employ someone, it may re-employ the redundant employee. There is no obligation on it to wait a certain period of time before offering re-employment to that individual.

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Can a company rehire you after severance pay?

Can you rehire a laid-off employee? Yes. There are no laws prohibiting employers from rehiring laid-off employees. Rehiring a laid-off employee can save you time and money, since they are familiar with your business practices, and additional resources won’t be needed to train them.

Can you fire someone and rehire?

‘Fire and rehire’ refers to when an employer dismisses an employee and rehires them on new terms. The new terms are generally less favourable for the individual than under their previous contract of employment. Fire and rehire is not a new strategy and, provided it is handled correctly, it is not unlawful.

Can a company make you redundant and then replace them?

Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.

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Should you rehire an employee you fired?

Many employers will not even consider rehiring an employee they’ve fired. The former employee might have been given every opportunity to improve or change, but it didn’t happen. These are factors you may want to take into consideration as you weigh rehiring an employee you had fired.

Can a company re-employ an employee who has previously been dismissed?

This is quite an unusual situation. The short answer is that there is no reason in law why you cannot re-employ a former employee who has previously been dismissed for gross misconduct.

How long after redundancy can you re-employ an employee in the UK?

How long after redundancy can you re-employ an employee in the UK? There are currently no rules regarding re-employment after redundancy in the UK. However, you may need to allow some time (typically one week) in between the termination of one period of employment and the commitment of the new employment.

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Can an offer of re-employment be used to prove unfair dismissal?

The normal time limit for bringing an unfair dismissal claim is three months from the effective date of termination. In this case the dismissal happened six years ago, therefore it is unlikely that the employee will be able to use the offer of re-employment as evidence that the dismissal for gross misconduct should not have occurred.

Can I be re-employed after being dismissed for gross misconduct?

There is nothing in employment legislation or case law specifically preventing re-employment in these circumstances, but it does seem to undermine the dismissal for gross misconduct in the first place.