Paid off and re-employed

hacked-off_4

Hi, I was paid off last March. (6 months later) I then seen an advert in the paper for a job similar to my old job with a large utility company (same one that paid me off). I applied on line and stated that I had worked for them before and had been made redundant. I then went to the interview and stated again that I had been made redundant and was told that was no problem. I then had training to get me to the standard required for the new job as it had different requirements (college to do city and guilds).Last week I was called to the head office by the director of HR who said the company had breached the governments rules on redundancy and that there would be finacial penalties for me if my employment continued (pay back of tax free lump sum and possibly part of my final salary pension) and the only option open to them was to terminate my employment. I feel that I have been victimised as I have done nothing wrong, I told them at all stages and they made the mistake not me. Does anyone have any ideas if I have a case against them?

Gordon_Hose

A case for what?

Whoever employed you was unaware of the implications. Most companies say you can't work for them for 12 months after being made redundant as it has tax implications. Some say 6 months, but it all depends on their internal policy surrounding re-employment of employees who have been made redundant in the past. All you can do is either pay back the redundancy payment, or walk away.

I can't work for my company for 12 months if I get made redundant.

anamenottaken

hacked-off wrote: »

Hi, I was paid off last March. (6 months later) I then seen an advert in the paper for a job similar to my old job with a large utility company (same one that paid me off). I applied on line and stated that I had worked for them before and had been made redundant. I then went to the interview and stated again that I had been made redundant and was told that was no problem. I then had training to get me to the standard required for the new job as it had different requirements (college to do city and guilds).Last week I was called to the head office by the director of HR who said the company had breached the governments rules on redundancy and that there would be finacial penalties for me if my employment continued (pay back of tax free lump sum and possibly part of my final salary pension) and the only option open to them was to terminate my employment. I feel that I have been victimised as I have done nothing wrong, I told them at all stages and they made the mistake not me. Does anyone have any ideas if I have a case against them?

If I understood the first sentence correctly, there was a break in employment of at least six months.

Did they say what these "rules" are?

Does any other post reader know what they are?

patman99

As they have already re-employed the OP, then they will not avoid any tax penalties by getting shot of them again. The OP could always suggest either he does the job as 'Self-Employed', or via an agency as both of these will avoid any further tax liabilities his employer may incur.
I know of someone who took a massive redundancy package from a major telecoms company, then when back as an agency worker within 6 months.

getmore4less

A company can re employ the same person without any tax implication if it was a genuine redundancy

Get the company to show you these govement rules, more likely they are their own made up rules about re employing.