Each case will depend on the circumstances but the test for redundancy is set out under section 139 of the Employment Rights Act which defines a redundancy situation, typically as meaning a reduction in the needs of the business for work of a particular kind. This test should be applied at the point at which the decision to make an employee is redundant is confirmed. If circumstances change and an employer wishes to re-hire we recommend seeking legal advice as there may be implications of doing so, particularly if an alternative role is offered before their current employment ends.