If recruiting to a position from which an employee was recently dismissed for redundancy, must the employer offer the job to the individual who was made redundant?
No. There is no duty on employers to offer employment to an employee who was made redundant from a position to which they are recruiting. Employers should be cautious when deciding to recruit to the position soon after the redundancy, as this could raise doubts as to whether or not the dismissal was due to a genuine redundancy situation. However, a dismissal can be a fair dismissal for redundancy, even when it becomes necessary to recruit to that position soon after the redundancy. Employers should ensure that they can show that there were genuine reasons for the redundancy at the time of the dismissal, but that the situation has since changed, for example due to an upturn in demand.
It is good practice for employers to keep in touch with employees dismissed for redundancy with a view to notifying them of vacancies that arise, but there is no requirement on them to do so.