My Redundancy has been cancelled

ladysusan

I have been under notice of redundancy, but at the last minute (the day before I leave), they have asked me to stay.
My P45 has already been issued, and my final salary will include a redundancy payment -- arriving in my bank tomorrow.
Apparently, I can simply return the payment and I they will confirm in writing that my redundancy is cancelled.
However, I think in the eyes of the Tax people I will still appear to have finished tomorrow, and then restarted. Will this affect any future redundancy? I think HMRC will see me as a new employee, so if I am made redundant again in the next two years I will get no entitlement and my current length of service is void.
Any thoughts much appreciated

El_Torro

I think the issue is more what your employer deems your length of service to be. If they can guarantee that your employment never ended then you should still have the same rights as if they had never made you redundant.


I wouldn't worry too much about what HMRC thinks. All they care about is that you pay the right amount of tax each year, so your employer / you need to be clear that the redundancy payment is being refunded to your employer.

Blue641Jenny

Not quite the same situation, verbally I was made redundant from a school in August. Since then there has been change of management and by redundancy was not approved and I am still awaiting yet another decision in 3 weeks. I wanted to ask if my case has to go to tribunal for full payment. I have had an interim payment of £840 whilst I wait for the rest of my 6year redundancy payment. If school have to pay me from tribunal outcome can they also claim any interest I would have earned had if been paid at time of redundancy which should have been 31/08/19

MEM62

ladysusan wrote: »

I think HMRC will see me as a new employee

What HMRC view you as is irrelevant for redundancy purposes. It is nothing to do with them. The important thing is to ensure that your employer does not class this as a re-hire or new job and that it is a continuation of your service.

getmore4less

The law is if you are offered a new job before termination you have 4 weeks to take the job and retain continuity of employment, normally 1 week gap causes a break.

In this case you are just no longer redundant if you carry on working, they should sort out the finances.

You can still leave if you want to but can lose the redundancy.
The original notice still stands if you want.

Some companies withdraw redundancy if they know you have a new job so they don't have to pay the redundancy.
(the correct procedure if you really want to leave is use counter notice)

mark55man

unless you desperately need the job just go. they seem like a right shower with hints of deviousness

once gone you can cry all the way to the bank

iammumtoone

MEM62 wrote: »

What HMRC view you as is irrelevant for redundancy purposes. It is nothing to do with them. The important thing is to ensure that your employer does not class this as a re-hire or new job and that it is a continuation of your service.

But how does that work in the case of the employer goes bust and the OP has to claim redundancy via the government. Surely in that instance they will take the HMRC info and OP will be shortchanged on what they are owed.