Pay back redundancy money if I return to work?

rugbychick81

Hi

I took redundancy on 23rd December and was paid £760 redundancy payment.

I have now been offered an alternative role within the company (at a lower salary). My question is - do I need to repay the redundancy money?

This will make the difference between making the new salary being manageable or not.

Thanks

Alex

real1314

I wouldn't have thought you'd have to pay it back, but it all really depends on what the company put in the offer of the job. Your best course of action is to speak to them about it.:cool:

McKneff

Was your employment actually finished, complete with P45. I presume so seeing as you have quoted your redundancy payment.

Your firm must be crackers, wonder why they didnt offer you the job before you left thus avoiding paying r/money.

No, you wont have to pay it back.

nickyc_2

You will need to check your terms, but companies I've worked at in the past had a 6 mth time period that if you returned to the company within 6 mths you had to pay the money back.

rugbychick81

They expected me to apply for one of the 'new' jobs but it didn't fit with my long term career goals so I left ... and have had P45. One of the ladies who did stay subsequently found another role and left, I have been temping in her place. They have now 'sweetened' the original offer, bringing the role more in line with what I want from it.

Hopefully a happy ending!

Thanks for your advice.

rugbychick81

There are no written terms relating to this matter ...
I will discuss with them tomorrow.

diable

You would better with the job then being on JSA if they ask for the money back just ask them can you pay them back monthly over the year. Hopefully they will write it off.

getmore4less

Unless there is a specific policy of repayment in your redundancy terms [EMAIL="DON@T"]DO NOT[/EMAIL] pay it back r accept a payback in the job offer.

The redundancy was a genuine one. no suitable alternative was available and you were terminated.

The new role is available because someone left.

So no HMTC issues

The downside is your continuity of employment starts from scratch.


Were the payments for notice nd outstanding holiday handled correctly

bristolian1

I have a situation which is, in some ways similar to this, and also wonder where I stand. I was made redundant after nine years at my company in December and paid £14,000. They have been offering me freelance shifts on an ad hoc basis since I was made redundant - ie around three/four days a month.
I have phoned the Job Centre, to see if I'm entitled to any benefits and am due to go to my interview next week, but it occurred to me last night after going through all my details on the phone, that I should check whether I'm doing anything wrong in fulfilling these freelance shifts (which I will declare to the benefits agencies) and whether I'm making myself liable to pay back a percentage of my redundancy payment. Any thoughts?

zzzLazyDaisy

Statutory redundancy is not repayable, provided there has been a break in continuity of service. This is defined in law by a break in employment that last at least one week and includes two Saturdays (obviously the legislation is written in legal terminology, but that's what it boils down to).

So provided you meet those requirements, you can't be asked to give back your redundancy payment. If you were given a payment in lieu of notice and taken back on within the notice period, then they may ask for this back, since to do otherwise would mean you are getting paid twice for the same time period.

As far as contractual redundancy is concerned, you need to check the terms of the redundancy scheme.

Remember also, that if you go back to the previous employer, having had a break in service as described above, you have little protection from dismissal under employment legislation until you have completed one year's continuous service. That isn't a reason not to go back, but it is a reason not to repay the redundancy money.

Uncertain

zzzLazyDaisy wrote: »

Remember also, that if you go back to the previous employer, having had a break in service as described above, you have little protection from dismissal under employment legislation until you have completed one year's continuous service. That isn't a reason not to go back, but it is a reason not to repay the redundancy money.

You MAY be able to get them to agree to special terms that get round this if it is important. After all they are taking on somebody that they know by invitation which is very different from somebody unknown on the strength of an interview.

They have presumably screwed up and realise they need you so you are in quite a strong position to negotiate!