redundant and back to work in same company

pammie39

morning all

i have a dilemar. my husband is being made redundant on monday, the company have asked him, if he would still work there but through a agency (only a few days a week, instead off full time). the HR DEPT are unsure of this.
the question is

---

is the company allowed to do this?
is he allowed to do this?
we have heard through the grape vine that he is not allowed to work there untill about 6 months after the redundancy.

please help!!!

reheat

I don't know the full answer to your question, others will I'm sure.

As I understand it it is the role that gets made redundant not the person. If he went back under the circumstances you describe, would he be fulfilling his previous role?

And I think - but not certain - that the only comeback could be on the company not the individual.

When I was made redundant a while back now, I contracted back into the same company for a few months, but into a different department doing a slightly different job. The skills gained in my old role made me useful to the company in a different role - product knowledge etc.

Pete111

This can be done.

The only real issue is whether the HMRC would take an interest in his redundancy payment (as this is tax free up to 30k) but this is low risk if the nature of the role had changed (ie was part time) and was via an agency.

Simply put they would probably not notice unless they did a full audit of company accounts and even then they may well not care as the temp agency would be your husbands official employer not the company .

We have done this several times but usually there is a gap of a few weeks/months where the manager figures out they are now underesourced and comes to HR for help (after previously pushing for the redunancy to go ahead..)

P

pammie39

thanks to you both for this
my OH will be in the same position, same room etc. BUT diffrent hours (thats why he was made redundant). only temping for them, untill they find someone to do the new hours.