Redundancy - coming back as a freelance

daisyf_2

I'm now at the start of my 12 weeks redundancy notice. My manager is now asking me to come back as a freelancer doing some project work within my team.

I'm not going to bite the hand that feeds.

I work in the public sector and have a clause that I cannot be reemployed for a month and a day - does that include freelance work as i am technically working for myself.....

Anyone been in a similar situation....

getmore4less

Don't take any chances have a gap.

Make sure the money is good.

p00hsticks

Is what you are being asked to do the same as you are doing now ? Because if it is, that suggests to me that the role isn't actually redundant ?

Also, if your ' freelance work' is just for the one customer (especially one you have previously been employed by) make sure that you meet any current HMRC guidelines (It's been a while since I've contracted, are IR35 concerns still relevant ?)

completelyspent

Are you being employed by the puclic sector employer or an agency? You do need to leave a gap of a month and a day if it is a LA (not sure about other public sector) and they are continuing to employ you or else you would have to pay back your redundancy money.
Like the other poster said though, if it is in the same role, it sounds like it isn't a redundant post and that's challengable.

daisyf_2

it would be me working freelance and one of the offers is my old manager - in some of the work I use to do - I know it is challengeable but I dont want to work there anymore and have agreed my redundancy package. I am also being offered some other freelance work in another department too. So will wait one month and one day until I start working with them.....

I've already got a part time job not that they know that nor will they until after I leave

Poohsticks what is an I35?? any links? Also got another 4 offers as well for freelance work so it is going to be interesting times. I've just turned down another job today as well as the money and hours were rubbish so all positive stuff xx

getmore4less

daisyf wrote: »

it would be me working freelance and one of the offers is my old manager - in some of the work I use to do - I know it is challengeable but I dont want to work there anymore and have agreed my redundancy package. I am also being offered some other freelance work in another department too. So will wait one month and one day until I start working with them.....

I've already got a part time job not that they know that nor will they until after I leave

Poohsticks what is an I35?? any links? Also got another 4 offers as well for freelance work so it is going to be interesting times. I've just turned down another job today as well as the money and hours were rubbish so all positive stuff xx

IR35 was to stop contractual employment where employee status should apply

If you work for more than one place you should have no problems.

Just remind your old boss that you dicate things now, when/where you work etc. to do the job.

A lot easier if you have multiple overlapping contracts where you dictate when you do stuff, they can't treat you like an employee anymore.

daisyf_2

ahhh thanks for that and explaining the IR35. I'm going to have a part time job with a contract and then go self employed freelance for the rest of mine time - got two offers from my old company and some offers from other places - keep your fingers and toes crossed it all works out to plan

I think he freelance for my old boss will be different - doing projects and events and i get a higher price as i am not in the office or they have to pay overheads. i like my job so am going back freelance as why spoil it for yourself.

It will be nice to be able to do my own thing and not get stuck into the politics... Business link courses are very good too

Andyboy

if you are going under the CSCS be careful to check the full implications of working in the Public Sector again. The terms of re-employment are much in debate currently and I would definitely consider the advice of a legal employment specialist before making any decisions.

good luck.

daisyf_2

okay thanks andy boy - I just have to wait 1 month and a day if I want to return - although been offered some other work elsewhere so would rather go for that Be interesting timesxxxx