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  • FIRST POST
    • Ana George
    • By Ana George 19th Apr 17, 10:13 AM
    • 1Posts
    • 0Thanks
    Ana George
    Offered same role after made redundant
    • #1
    • 19th Apr 17, 10:13 AM
    Offered same role after made redundant 19th Apr 17 at 10:13 AM
    Hi there

    Hoping you can help.

    My company has recently made my role redundant (I received the redundancy letter and package). Ahead of this, someone in a similar role resigned but they said they were reducing roles by one more (therefore I was still at risk of red.); a higher role then became available (had to be created) but they said I did not have the skills for it (and my other colleagues at my level did not either).

    I was made redundant at the start of April and said I would appeal. I sent my appeal letter citing different things that did not appear consistent throughout the process. Ahead of that, my employer had sent me a letter by post saying a role at my level had become available in the team as someone else had resigned. They want to know if I want to take it.

    Is this ok? What does this do to my appeal?

    All the best
    Ana
Page 1
    • Scorpio33
    • By Scorpio33 21st Apr 17, 12:44 PM
    • 471 Posts
    • 667 Thanks
    Scorpio33
    • #2
    • 21st Apr 17, 12:44 PM
    • #2
    • 21st Apr 17, 12:44 PM
    If you appealed the redundancy, what outcome would you want? My guess is that you would want a role in the company still, rather than being made redundant.

    They have given you a role in the company.

    So you now do one of two things: Accept the role and retract the appeal or reject the role and continue the appeal?

    The only thing is the company could argue this other role is a suitable alternative role and state that if you don't take it, you would be resigning (and in effect not receive any redundancy pay).
    • getmore4less
    • By getmore4less 21st Apr 17, 1:45 PM
    • 30,200 Posts
    • 18,052 Thanks
    getmore4less
    • #3
    • 21st Apr 17, 1:45 PM
    • #3
    • 21st Apr 17, 1:45 PM
    what do you want?

    There seems to be two options.

    The redundancy was genuine so keep it and start a new contract.
    (HMRC might not like it if there was a big tax free payout)

    You agree that this is just a continuation of the old job no break in service.(come to some arrangement over the money but it should be declared and taxed)
    (the reasons don't really matter eg. the grievance just get dropped)
    • getmore4less
    • By getmore4less 21st Apr 17, 1:47 PM
    • 30,200 Posts
    • 18,052 Thanks
    getmore4less
    • #4
    • 21st Apr 17, 1:47 PM
    • #4
    • 21st Apr 17, 1:47 PM
    If you appealed the redundancy, what outcome would you want? My guess is that you would want a role in the company still, rather than being made redundant.

    They have given you a role in the company.

    So you now do one of two things: Accept the role and retract the appeal or reject the role and continue the appeal?

    The only thing is the company could argue this other role is a suitable alternative role and state that if you don't take it, you would be resigning (and in effect not receive any redundancy pay).
    Originally posted by Scorpio33

    I read they had already been terminated and finished....

    Suitable alternatives must be offered before termination and started within 4 weeks
    • Scorpio33
    • By Scorpio33 21st Apr 17, 4:25 PM
    • 471 Posts
    • 667 Thanks
    Scorpio33
    • #5
    • 21st Apr 17, 4:25 PM
    • #5
    • 21st Apr 17, 4:25 PM
    I read they had already been terminated and finished....

    Suitable alternatives must be offered before termination and started within 4 weeks
    Originally posted by getmore4less

    For statutory redundancy, yes. But if it contained enhanced redundancy, most firms will have a clause whereby you have to pay it back if you return to the company within a certain period (sometimes a year)
    • getmore4less
    • By getmore4less 21st Apr 17, 5:23 PM
    • 30,200 Posts
    • 18,052 Thanks
    getmore4less
    • #6
    • 21st Apr 17, 5:23 PM
    • #6
    • 21st Apr 17, 5:23 PM
    For statutory redundancy, yes. But if it contained enhanced redundancy, most firms will have a clause whereby you have to pay it back if you return to the company within a certain period (sometimes a year)
    Originally posted by Scorpio33
    And if they don't offer something in return like restoration of continuity of service you can turn it down.
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