Redundancy-with conditions 16 July 2014 at 3:54PM in Redundancy & redundancy planning 9 replies 2.6K views

thriftychick

I have been offered redundancy from my job however, they have said that if I get a job offer within 4 weeks, I won't be entitled to any redundancy pay. Does anyone know if this is legal?

Andy_L

If they are paying you more than statutory redundancy then they can impose any conditions they wish on the extra (assuming your contact is silent on the matter)

Quite whow they'd know & then enforce it I don't know

getmore4less

Ask them what legislation gives them the right to claim back statutory redundancy.

This is a clear warning to tell no one about your job hunting.

What are the terms, any enhanced payments, pilon or garden leave.

thriftychick

I'm getting 10 weeks pay for 4 years work provided I don't get a job offer within four weeks. Nothing in writing just second hand word of mouth from HR to my line Manager.

Thanks for replying.

getmore4less

thriftychick wrote: »

I'm getting 10 weeks pay for 4 years work provided I don't get a job offer within four weeks. Nothing in writing just second hand word of mouth from HR to my line Manager.

Thanks for replying.

Are they paying PILON wanting you to work or go on garden leave.


this is important as is your weekly wage as redundancy can be capped.


With PILON and redundancy you would be due 8 weeks pay anyway, if close to an anniversary could be 9 weeks.


There could be a communication issue here.

TBagpuss

Do you work for a local authority? There is a rule which applies to Local Authorities and other statutory bodies which provides that if you are offered and accept a new job within the group (i.e. another organisation within the local authority) then you may have to repay your redundancy money, but the other side of the coin is that you are counted as having been continuously employed, so you would also retain all of your employment protection etc. The relavent law is a Statutory Instrument - The Redundancy Payments Modification Order.

I think that it only applies if you start the new job within 4 weeks. If there is a longer gap, you get to keep the redundancy payment but also start from scratch as a new employee so would not be protected by having been employed for over 2 years.

if you don't work for an organisation to which the Order applies then it would be down to the terms of your contract and to the terms of any compromise agreement you reach. If they want to add it in, then check that it refers to starting work (not accepting an offer) and then tell any new employer that you can start from [4 weeks and 1 day from your leaving date]. Or alternatively decline to agree and take the risk that your employer will then only pay your statutory 8 weeks instead of the full 10. Obviously your decision will depend a little on how quickly you expect to find work, and whether you think any new employer will agree to a slightly deferred start date.

thriftychick

I do work for a local authority (school). I have been given written notification of redundancy today and I leave tomorrow! Officially I leave on the 31 August.

The notice states that "if you are offered alternative employment by a similar organisation, before your notice period ends, and you start that employment within four weeks from the date of your termination of employment, you will not be entitled to a redundancy payment."

It sounds like won't get anything if I work before 29 September.

getmore4less

thriftychick wrote: »

I do work for a local authority (school). I have been given written notification of redundancy today and I leave tomorrow! Officially I leave on the 31 August.

The notice states that "if you are offered alternative employment by a similar organisation, before your notice period ends, and you start that employment within four weeks from the date of your termination of employment, you will not be entitled to a redundancy payment."

It sounds like won't get anything if I work before 29 September.

But you start with the continuity of service(if it is a qualifying post) thus keeping any service related benifit and future redundancy payments based on that service.

Something to consider is that some places may not be keen on inheriting that liability.


other jobs that don't qualify you still get the redundancy

Mersey_2

TBagpuss wrote: »

Do you work for a local authority? There is a rule which applies to Local Authorities and other statutory bodies which provides that if you are offered and accept a new job within the group (i.e. another organisation within the local authority) then you may have to repay your redundancy money, but the other side of the coin is that you are counted as having been continuously employed, so you would also retain all of your employment protection etc. The relavent law is a Statutory Instrument - The Redundancy Payments Modification Order.

I think that it only applies if you start the new job within 4 weeks. If there is a longer gap, you get to keep the redundancy payment but also start from scratch as a new employee so would not be protected by having been employed for over 2 years.

That's very interesting TBagpuss, thanks!

I assume it doesn't apply to supply teachers, as I know a few teachers who retired with pension or took redundancy at 55 in Liverpool and then came back on supply a year later in the same school.

TBagpuss

I haven't read the full Order - but I think if the gap between taking redundancy and returning to work is longer than 4 weeks it doesn't apply, so if there was a gap of a year it wouldn't be relevant.