Offer of job back after redundancy letter

Mummawalker

I hope someone can help

A little while ago I was made redundanct. It wasn't handled properly - no consultation at all and I know for a fact that someone else was lined up for my job. I even did a hand over for them. I chose not to take that to tribunal because I was happy to close that chapter of my life and move on. I applied for my redundancy pay / payment in lieu of notice / last months wages through the government as directed because there was "no money to pay me"

Now I have been asked to come back due to a "change in circumstances" (the new person has left already). I have other job offers on the table and I have no desire to go back at all given how I was treated at the end.

My question is..... I have my letter confirming my redundancy and which also states there is nothing else they can offer me. The claim for my money in place but I am still waiting to hear back. By turning down this offer of my job back am I likely to lose any or all of that payment?

Takeaway_Addict

Mummawalker wrote: »

I hope someone can help

A little while ago I was made redundanct. It wasn't handled properly - no consultation at all and I know for a fact that someone else was lined up for my job. I even did a hand over for them. I chose not to take that to tribunal because I was happy to close that chapter of my life and move on. I applied for my redundancy pay / payment in lieu of notice / last months wages through the government as directed because there was "no money to pay me"

Now I have been asked to come back due to a "change in circumstances" (the new person has left already). I have other job offers on the table and I have no desire to go back at all given how I was treated at the end.

My question is..... I have my letter confirming my redundancy and which also states there is nothing else they can offer me. The claim for my money in place but I am still waiting to hear back. By turning down this offer of my job back am I likely to lose any or all of that payment?

Why are you even considering returning?

Mummawalker

Im not! Haha, no way! I just don't want to lose the money owed to me by saying "thanks but no thanks"

Undervalued

Mummawalker wrote: »

I hope someone can help

A little while ago I was made redundanct. It wasn't handled properly - no consultation at all and I know for a fact that someone else was lined up for my job. I even did a hand over for them. I chose not to take that to tribunal because I was happy to close that chapter of my life and move on. I applied for my redundancy pay / payment in lieu of notice / last months wages through the government as directed because there was "no money to pay me"

Now I have been asked to come back due to a "change in circumstances" (the new person has left already). I have other job offers on the table and I have no desire to go back at all given how I was treated at the end.

My question is..... I have my letter confirming my redundancy and which also states there is nothing else they can offer me. The claim for my money in place but I am still waiting to hear back. By turning down this offer of my job back am I likely to lose any or all of that payment?

No, providing more than a week has elapsed.

Although this employer sounds distinctly dodgy, circumstances can change and a job that was genuinely redundant a few weeks or months ago needs doing again.

The government will only pay if the firm was insolvent. Otherwise you will have to make a claim against the firm. Maybe not ideal if you are working there again!

If you are seriously considering returning (are you?) then I would insist they pay you the redundancy money before you re-start. You do realise that (assuming more than a week has elapsed) you will have no continuity of employment so no entitlement to redundancy or compensation for unfair dismissal for two years.

lincroft1710

If the same job you were doing was being done by somebody else following your "departure" that is not "redundancy".

Undervalued

lincroft1710 wrote: »

If the same job you were doing was being done by somebody else following your "departure" that is not "redundancy".

Indeed so the OP potentially has (or had) a claim for unfair dismissal. However she says

I chose not to take that to tribunal because I was happy to close that chapter of my life and move on.

but if more than three months has elapsed that opportunity has gone.

Mummawalker

Thank you all.

I am not considering going back at all.

I have a letter from the company confirming my termination by redundancy and that it will "likely wind up in the near future".

I also have a letter from administrators stating their formal appointment, and license to act as insolvency practitioners. They provided me with the information to apply to the government.

The owner will carry on though as this has happened before. New company trades under old company name keeping the employees and clients on. Except me in this case as he had acquired someone with more experience and skills from a different company he owned that also wound up recently. I was not formally told someone else would have that job but now she's left he wants me back.

Mummawalker

I was made redundant a week ago, 5th may, before 10am. He called me with the offer to come back yesterday, 12th may around 1-1:30pm

I haven't given real consideration to an ET although I am very aware that I could.

Mummawalker

lincroft1710 wrote: »

If the same job you were doing was being done by somebody else following your "departure" that is not "redundancy".

Sadly I am aware that's true, I just chose not to bother with an ET on that, or the bad handling of it all. It's unfair dismissal but I just want to put that behind me and go. But I deserve the money I'm owed.

Undervalued

Mummawalker wrote: »

I was made redundant a week ago, 5th may, before 10am. He called me with the offer to come back yesterday, 12th may around 1-1:30pm

I haven't given real consideration to an ET although I am very aware that I could.

Wow, that is tight! However, assuming the new company is a different legal entity it probably doesn't matter.

What happened about notice pay (a minimum of 1 week's pay for each full year of service up to 12)? That is due over and above any redundancy entitlement.

Technically notice begins the day after it is issued.

You need to get some specialist advice on this if the amount of redundancy money is significant. How long had you worked there?

marlot

It sounds like if you go back, you'll be working for a different company? Assuming the first one is still heading for insolvency?

Or is the offer to go back to the company in insolvency?