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The civil service compensation scheme

Helen1971
Posts: 177 Forumite
This question is actually quite similar to one posted by another member. It's about re-employment within six months of leaving a job.
In a nutshell: I left my job on a voluntary exit, under a compromise agreement (I hated it; I'd had a grievance upheld against my manager, which ruined some working relationships). The compromise agreement made no mention of restrictions on re-employment by other civil service bodies.
I've been offered another role by a different civil service organisation. I'd like to accept it but my union tell me that I'd have to pay back some of my lump sum compensation pro-rata if I start it within six months of leaving my previous job.
My argument was that if the compromise agreement didn't cover this, and if nobody mentioned it to me before I signed, then I can't be expected to be bound by it; it can't form part of the contract. My union seem to think that the rules of the civil service compensation scheme are somehow enshrined in statute and apply whether the compromise agreement mentions them or not. I find this pretty difficult to believe. I've read the scheme rules and they are murky to say the least, but since I don't work for the civil service any more I can't see how they could be enforced.
Can anybody shed any light, please? Thanks.
In a nutshell: I left my job on a voluntary exit, under a compromise agreement (I hated it; I'd had a grievance upheld against my manager, which ruined some working relationships). The compromise agreement made no mention of restrictions on re-employment by other civil service bodies.
I've been offered another role by a different civil service organisation. I'd like to accept it but my union tell me that I'd have to pay back some of my lump sum compensation pro-rata if I start it within six months of leaving my previous job.
My argument was that if the compromise agreement didn't cover this, and if nobody mentioned it to me before I signed, then I can't be expected to be bound by it; it can't form part of the contract. My union seem to think that the rules of the civil service compensation scheme are somehow enshrined in statute and apply whether the compromise agreement mentions them or not. I find this pretty difficult to believe. I've read the scheme rules and they are murky to say the least, but since I don't work for the civil service any more I can't see how they could be enforced.
Can anybody shed any light, please? Thanks.
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Comments
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I'm not sure about compromise agreements but I left the Civil Service on a voluntary exit basis earlier this year. No-one mentioned the six months thing to me but it was all there in the terms and conditions, in the paperwork and on the CS intranet.
If you signed a voluntary exit scheme then surely it's those terms and conditions that apply? That includes having to pay back some or all of your package if you are re-employed within six months.
Maybe someone with more knowledge will be able to tell you how, if at all, the compromise agreement affects the terms of the exit package, sorry.
Oh, hang on, just found this website which might be able to give you the info you need:
http://www.ascompromiseagreements.co.uk/redundancy/civil-servants-and-the-cscs.html0 -
I hope it does. "affect the terms of the exit policy"
You want cake on the way out and another bite when you come back?
Next thing you'll be asking for a years pay after making a mess for a couple of months.
Is nothing sacred? At least I can still trust the BBC.0 -
warwicktiger wrote: »I hope it does. "affect the terms of the exit policy"
You want cake on the way out and another bite when you come back?
Next thing you'll be asking for a years pay after making a mess for a couple of months.
Is nothing sacred? At least I can still trust the BBC.
I'd love to get the job of Director General of the BBC. I know I'd be absolutely crap at it, then I could resign and get a huge payout.
Sorry OP, I'm not going to hijack your thread, back to the topic in hand now.0 -
Thanks Hmm71.
Warwicktiger, with respect, you don't know anything about my personal circumstances so you're not in a position to decide whether I want "cake on the way out and another bite when come back". Don't be so mean spirited. I don't recognise the words you've quoted either; did you actually read the post? Don't take your frustration with the BBC out on me.
The question was whether the civil service compensation scheme rules could be legally enforced if not included in the compromise agreement. It looks as if it was in the terms and conditions of Hmm71's exit agreement but it wasn't included in mine. Hence it's difficult to see how repayment could be enforced unless somebody knows otherwise.0 -
Read this :
http://resources.civilservice.gov.uk/wp-content/uploads/2011/09/LetterCSCS-QA_tcm6-38084.pdf
Will I have to repay my compensation payment if I re-join the Civil Service?
You will have to repay a proportionate part of your compensation payment if you join
any employer covered by the Civil Service Compensation Scheme. You will not,
currently, need to repay if you join another public sector employer (although this may
change in the future). No repayment will be required if you find work in the private
sector. Departments wishing to re-employ a member of the senior civil service for a
period covered by a compensation payment will require CO approval.
This may be what your union is referring to0 -
Helen - I thought the Civil Service compensation scheme did require part paying back within a certain timeframe if you joined another civil service organisation. However a lot of public sector jobs are not part of the Civil Service Compensation scheme e.g. my employers payout had to be paid back if I joined a local authority plus a few other linked employers within a month but nothing after that and nothing paid back if I joined the Civil Service (I went into the private sector). I would have thought something would need to be in your Comprimise Agreement though the union are likely to know. I'ld maybe check with your old employer. I would still take the job assuming its close to what you are looking for.0
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Helen, changes are being made to the terms fairly frequently. My advise is to ask your old HR team to provide you with the scheme details applicable at the time of your exit for your department to see if repayment on re-employment was covered and that will answer your question. Good luck0
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I'm due to be made redundant at the end of this month on compulsory grounds. How long does it take for the redundancy payment to come through from Civil Service Compensation Scheme?
Many Thanks0 -
I'm due to be made redundant at the end of this month on compulsory grounds. How long does it take for the redundancy payment to come through from Civil Service Compensation Scheme?
Many Thanks
Hi dizzie,
I took voluntary early departure from the prison service last year.
I left on the 30th September and they said I would receive my lump sum by 30th October.
I received it on Monday 14th October.
Best thing I have ever done!!0
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