Is this continuation or new employment?

liam_everton89

Hi all, was officially made redundant 7 days ago now, last Wednesday, received letter Co forming entitlement and 6 weeks notice in line with my time served. 

During those 7 days I was interviewed twice and as of yesterday offered another role, strangely on more money. 

Offer has came through with a start date as TBC, verbally been told it'll be next week. 

Only concern is, also verbally, they're saying it will be new employment with an initial 3 month probationary period, at the end either myself of employer could decide its not working and I can still take my redundancy apparently. 
But they're saying my length of service will be 0 years, seems odd to me, surely it's a continuation of employment and the redundancy is retracted or the redundancy stands, they pay out for that, then I start afresh?

Any advice here would be appreciated, all new to me, thanks. 

getmore4less

Employment act says for it not to be a redundancy the new employment offer should happen before termination and the job start no later than  4 weeks after the termination.

When that applies there is continuous employment
As a suitable  alternative you may want the 4 week statutory  trial rather than a 3 month probation..

The issue with a probation period and termination it would be a capability dismissal not a redundancy although they could still pay out if they wanted.

Not clear from your post if you have been terminated or are in a notice period so termination is yet to happen.

liam_everton89

getmore4less said:

Employment act says for it not to be a redundancy the new employment offer should happen before termination and the job start no later than  4 weeks after the termination.

When that applies there is continuous employment
As a suitable  alternative you may want the 4 week statutory  trial rather than a 3 month probation..

The issue with a probation period and termination it would be a capability dismissal not a redundancy although they could still pay out if they wanted.

Not clear from your post if you have been terminated or are in a notice period so termination is yet to happen.

Thanks for this, still in a notice period. 6 weeks which takes me up to 16th October. 

They're adamant it's a new role, loss of continued service. 

Seems really unfair, I lose that small protection I have built up over the years and they can in theory get rid of me as an employee with 0 years service. 

getmore4less

if you are in your notice period then and you start a new job with the same employer within the guidelines it is not a redundancy

They're adamant it's a new role, loss of continued service. 
They don't get to decide the law does, 
Same employer, continuous employment applies.
(there are a few exceptions I don't think any would apply)

https://www.legislation.gov.uk/ukpga/1996/18/part/XIV/chapter/I

liam_everton89

getmore4less said:

if you are in your notice period then and you start a new job with the same employer within the guidelines it is not a redundancy

They're adamant it's a new role, loss of continued service. 
They don't get to decide the law does, 
Same employer, continuous employment applies.
(there are a few exceptions I don't think any would apply)

https://www.legislation.gov.uk/ukpga/1996/18/part/XIV/chapter/I

Thank you, appreciated. At least I know where I stand legally now. Now to tread a fine line of i obviously want and need this job but I know my rights. 

getmore4less

Without knowing the sort of people you are dealing with I see 2 basic options. 

Call them out on their plan to zero you, then they understand their error and everything is good or they make you redundant. 

Just take the job and keep every bit of paper work(never throw out pay slips) to protect the continuity next time they want you to leave, except when it is your benefit to have shorter notice. 

If the job is real and you can do it so low risk of a fight at end of probation needs to be considered. 

6 weeks redundancy won't go far you can still keep looking if long term not looking too good.