Re-employment after Redundancy (Same Company). NOT ALLOWED?

pfpf

hello.

my OH was made redundant last month after 15 years with the same employer, she was one of 5 people and its in the retail sector.

today she found out that they are looking to take on some "seasonal" staff after head office gave the store more staff hours.

so she went in to ask and her old manager said she'd already thought of her aswell as other staff made redundant BUT head office had told the stores that the only way they could re-employ the same staff was either after 6 months or if the redundant staff gave back a % of the redundancy payout, they stated this was "the law".

after 15 years of service on little over min. wage my OH only got the statutory redundancy payout, so nothing amazing.

does this sound right? i cant believe in the current climate, my OH could be in work tomorrow but cant because of "the law" but at the same time big city types are getting millions for losing billions.

p.s i have no idea what % would have to be paid back to be able to get the job back, but it seems as its seasonal work only, she would effectively be paying to work.

thanks in advance.

coopstar23

not sure if it's legal or not, doesn't sound like it is legal maybe this can help: http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/index.htm

neilcr_2

I have been told by the company I just left I could not come back and be employed by them for 2 years after taking a redundancy payment.

Last week though a well known agency was taking contact details of everyone who was interested in coming back in a few weeks time as an agency worker on the day before we finished.

1984ReturnsForReal_2

They cant replace redundant staff positions for 6mths.

cazziebo

1984ReturnsForReal wrote: »

They cant replace redundant staff positions for 6mths.

That's not true - there is no time limit. Business needs could change the day after redundancies are made....

I'm not an expert on remuneration, but I think it's the tax free element that has to be repaid if someone returns to the same role after redundancy. I'm not sure of the time limit - like all things HMRC it might be the word "reasonable". I can do some digging when I get to work.

There may be another issue here. If your OH was to to return to the same job, but in a seasonal role, then the employer may be concerned that she may claim continuity of employment - not sure how that would stand if a redundancy payment has been paid out but employers (and their advisers) are very nervy about tribunals at the moment.

Paparika

Definitely 6 months.

Best friends dad had this, was made redundant, he was approached 6 months after, as they said they couldn't ask him to come back any sooner.

duchy

neilcr wrote: »

I have been told by the company I just left I could not come back and be employed by them for 2 years after taking a redundancy payment.

Last week though a well known agency was taking contact details of everyone who was interested in coming back in a few weeks time as an agency worker on the day before we finished.

In the second scenario they'd be employed by the agency not the company who made them redundant though.

pfpf

thanks for all the replies.

OH wouldnt be going back to the same role as that post is no longer used at the company, which is why she was made redundant in the 1st place,

the seasonal post would just be a general worker. it does sound as if the 6 month thing is accurate then!?

unbelievable, back to signing on and looking for work