Offered a new role after I haev signed my Compromise Agreement

bubblyjo2010

Hi All

I have recently been made redundant and signed a compromise agreement. My termination date is already set for a couple of months time.

Now there is the possibility that there may be a new role that I could do.....

My question is where I stand with getting my redundancy money?

Am I still eligible to the money as I have already signed the compromise agreement and got a termination date if I don't accept the role? - or even if I do accept the role would I still be eligible (or would it just be if I could negotiate this)

Any help would be gratefully appreciated!

isplumm

bubblyjo2010 wrote: »

Hi All

I have recently been made redundant and signed a compromise agreement. My termination date is already set for a couple of months time.

Now there is the possibility that there may be a new role that I could do.....

My question is where I stand with getting my redundancy money?

Am I still eligible to the money as I have already signed the compromise agreement and got a termination date if I don't accept the role? - or even if I do accept the role would I still be eligible (or would it just be if I could negotiate this)

Any help would be gratefully appreciated!

Hi,

I can not see that if you accept the new role that you will still get the redunancy .... but what you could do is take the the new role, trial it for 4 weeks & then revert back to redunancy if it is not working out.

Have a look @ http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10026616

or http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

The above page talks about the 4 week trial bit.

You don't have to accept the new role & could just take the redundancy - but in this market is that worth it?

Mark

bubblyjo2010

Thanks for the reply

I think I was expecting that.... not sure if it would be possible to trial the job as it's my current role with extra responsibility, that I have to determine! It's going to be a case of how much they want me to stay I think.

If I decided to not take the role offered am I still entitled to my redundancy money as I have already signed my compromise agreement - one of my colleagues said possibly not or I might have to fight (legally) for it.

isplumm

bubblyjo2010 wrote: »

Thanks for the reply

I think I was expecting that.... not sure if it would be possible to trial the job as it's my current role with extra responsibility, that I have to determine! It's going to be a case of how much they want me to stay I think.

If I decided to not take the role offered am I still entitled to my redundancy money as I have already signed my compromise agreement - one of my colleagues said possibly not or I might have to fight (legally) for it.

Hmmm .... if they have offered you redunancy, then I don't see how they could back track - but the issue might be with the same role .... I suggest you look at those websites & maybe call ACAS or speak to your union.

Mark

tiger

a friend had similar case,after he signed the compromise they offered him his role plus more money.he turned it down and got his redundancy pay.
if i was u and the job is ok and redundancy isnt enhanced then i accept the new job but ask for more pay

getmore4less

As it stands they have offered an alternative so you still have the option to take the redundancy/CA


The key thing is to decide what you want, if the CA agreement is generous get the terms written into the new contract as well as any enhanced renumeration package so at least you can keep the terms for future redundancy or TUPE.

One thing to watch is a CA/redundancy is practicaly worthless if the company goes bust.

Ewarwoowar2

It depends on what the compromise agreement says. If it states that you get £x 14 days after your employment with the company ends, you take the new job so your employment does not end, then you don't get the money.

Don't think of it as redundancy. Because you signed a compromise agreement, it's now a legally binding contract that you will leave on a certain date, you'll get paid a sum of money and won't sue the company. If you want to break that agreement, by not leaving the company on the proposed date to take this other job, you will probably need to renegotiate the deal with the employer (depending on the wording of the contract).

You must have had independent legal advice when you signed the agreement. Why don't you give the person who gave you the advice a call to see where you stand?