Would he be entitled to his redundancy pay out?

blondie4281

My husband given notice of redundancy when his offices closed (the business relocated) back in Janunary. They kept him on for 6 months working from home which ends in June when he will be officially redundant and is eligable for some redundancy money. A job opportunity has come up at the new offices (60 miles away) which he is wondering whether to apply for. If his old role has been made redundant but he is successful in his application for this new job, legally would he still be entitled to his redundancy pay?
Thank you!

tallrider

This is similar to another post a couple of threads down. If he's working out his notice, then he will be due his redundancy when this concludes.

In terms of the other job, the only way his redundancy pay could be jepodised is if he accepts the offer in the new office as a suitable alternative to employment. This may allow the company to not pay.

If however he finishes in this current job, applies for the new one, and it is a completely separate job, unconnected to previous employment, and is successful it is likely he will start with a fresh bout of continuous service, and still get his redundnacy from previous job.

getmore4less

Also make sure there are no clawback clauses for any enhanced redundancy payments on re employment unless they give continuity for future redundancy payments at the same or better enhanced rates.
(note these are probably worthless if the company goes bust later)

Advocatus

If your husband is due statutory redundancy pay, it is payable upon him becoming redundant.

The only way that he could miss out on statutory redundancy pay is if:

1. They keep him on
2. He leaves on his own accord, i.e. resigns
3. Signs another contract of employment while still employed by his current employer, which could lead to his current contract being breached and terminating his employment.
4. Applies and accepts this new position without ending his employment at the co.

The fact that it is the same company can make matters cofusing, but really speaking, it should be looked at as two separate jobs. I.e. one ends (p45) and then another starts (new contract).

jazzyman01

If he finds another job in the same company then he is not likely to be eligible for redundancy as he has found suitable alternative employment. The best he could do is ask to trial the new role for a period of a month or two and, if not happy, then be able to take his redundancy pay.