Made Redundant and now getting job back

richierich2808

Hi

I was made redundant after 6 years service on the 1st of April as the company went into Administration. I left on that day. Have since been paid the correct amount from the Insolvency Service for redundancy and the notice of lieu.

Since i was made redundant a new company has purchased the old company and i have now been asked to return to the same job i was doing.

My question is do i have to pay back the money i was payed by the Insolvency Service?

Not problem if i have to (but a bonus if i don't have to), but would like to know so i can beware that they will be asking for it back.

Thanks

getmore4less

Should be ok,

The statutory week has passed and this is an offer of new employment.

negotiate terms if you think you can, they might need you.

patman99

If less than 11 weeks elapse between leaving and restarting, you are entitled to continuation of service (rules differ for NHS/Civil Service). As for your redundancy pay. it's yours and cannot be taken-back.
I worked with a guy who got made redundant after 12 years. As he walked out of the office, he bumped into another manager from a different office who offered him a start the next week. 6 years later he got laid-off and took 18 years worth of redundancy.

Musicman

I am in a similar position,

I was made redundant on 29th April, from a small company employing around 50 staff. I had been there 3.5 years and was paid off with notice in lieu, though my pay was messed up, meaning I am still owed 8 days pay, which cannot be rectified until this week, due to problems at the payroll company.

However I was pghoned last week, and sounded out for a position, that I was sort of doing, but will be more field based, than office based, which I am waiting on job description details. This has come about, due to 4 people being made redundant and this has caused 6 other people to leave, seriously affecting the departing that I was working in, which is why there is a potential job offer, on my old salary I am verbally informed, though will wait to see in black & white.

So my questions are:-
1) So I have to hand back the redundancy money?
2) If I start in mid June, do I still have continuation of service.
3) Also, if I do have continuation of service, what happens with holiday accrument, does it recommence from the day I start, or is this also taken into account in the continuation of service?

I am having to ask these questions, as the company is pretty clueless to these things!!!!

Thanks

Gary

getmore4less

If they don't have a clue, what do you want to happen.

Keep the redundancy money as compensation for the hastle and worry,

Continuity as if you had not left.

seems fare to me.


How much notice did they pay you if a month then you in the situation they have paid you to not work for a month.


Also consider a pay rise or other better T&C's looks like they need you


(no idea where this 11weeks patman99 talks about could do with a reference tot he legislation for that)

Musicman

getmore4less wrote: »

If they don't have a clue, what do you want to happen.

Keep the redundancy money as compensation for the hastle and worry,

Continuity as if you had not left.

seems fare to me.

How much notice did they pay you if a month then you in the situation they have paid you to not work for a month.

(no idea where this 11weeks patman99 talks about could do with a reference tot he legislation for that)

Well I would like to kep the redundancy, and have continuity of employment if possible, in case next year they have to make more redundancies!! Then again, will look for a new position anyhow, so will just be using them to have a job.

Yes I would like to know where the 11 weeks came from?

jazzyman01

If your employment was terminated on 29 April and you have not worked for them since, then this would be a new job ie no continuity of service.

RuthnJasper

As I see it, you will be working for a whole new organisation - the company that bought the defunct business. Therefore, you ought to be able to keep the redundancy from the old now non-existent firm.

Were you issued a P45 from the original employers? If in doubt, just ask the new HR/Payroll Officer - they should give you the correct information.

Good luck! x

Googlewhacker

patman99 wrote: »

If less than 11 weeks elapse between leaving and restarting, you are entitled to continuation of service (rules differ for NHS/Civil Service). As for your redundancy pay. it's yours and cannot be taken-back.
I worked with a guy who got made redundant after 12 years. As he walked out of the office, he bumped into another manager from a different office who offered him a start the next week. 6 years later he got laid-off and took 18 years worth of redundancy.

Have you got a link for this because I was under the impression it was 1 week with two saturdays and then continuation of service didn't count?