Former employees are claiming that redundancies were not genuine because we have subsequently taken on more people. Do we need to worry?

 

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Suki Harrar

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9. Former employees are claiming that redundancies were not genuine because we have subsequently taken on more people. Do we need to worry?

It depends on the context in which the redundancies took place. A redundancy situation can arise not merely as a result of a downturn in business, but also in the expectation of such a downturn. If you can prove you had a reasonable expectation that the business in which your former employees worked was about to turn down, then - even if you were wrong - you have a defence against their claims.

However, if your ex-employees can convince an Employment Tribunal that you used the pretext of redundancy to get rid of them, you are likely to end up paying compensation for unfair dismissal.