When and who can I take a new job with?

paulie-dog

My employer issued me with a redundancy notice which is up tomorrow. They have asked me if I would like to stay on an extra three weeks as there is a possibility of a deal with a new owner (the company name is remaining the same) who will take on all the staff. I have been told that if I take my redundancy I cannot apply for a job with the new owner for 6 month afterwards. If the new owner takes over within the 3 week extension period then I will not receive any redundancy from my former employer. My redundancy was not a voluntary one. Is this correct? 

Andy_L

There is nothing to stop you applying for a job with the new owner as far as UK employment law is concerned. They can have their own company rules that say no applications from former employees for 6 months. There would be nothing to stop the new owner abolishing that rule or extending it to, eg, a year.

What they may be concerned about is HMRC's view of the tax treatment of redundancy payments if they make you redundant and the same company re-employs you suspiciously soon after & there's no reasonable explanation for doing so

If you are still employed when a new owner takes over then you are not redundant as your job still exists.

paulie-dog

Thank you Andy. The new owner has told me the old company have it written into his new legal contract with them....that he cannot take anyone on who received redundancy so advised me to stay put. I think it is so they can avoid paying us redundancy... sooo complex. It isn't a new company name but a new owner taking it over. 

getmore4less

What sort of company?
If Ltd and the company continues to exist just with new shareholders then there is no redundancy or TUPE if you stay.
A new offer of employment made before the termination date can have 4 week gap before starting and undo a redundancy
how likely is this new ownership?
What if they don't will there still be a redundancy payment or is it going bust?

The big question is do you want to work there?

if yes : probably best to extend and see what happens
If no : get out now with the payment or take up the offer and wait and see and resign when you have found something. .

Was everyone dues to finish or was there some kind of phased shutdown with no buyer?

Andy_L

paulie-dog said:

Thank you Andy. The new owner has told me the old company have it written into his new legal contract with them....that he cannot take anyone on who received redundancy so advised me to stay put. I think it is so they can avoid paying us redundancy... sooo complex. It isn't a new company name but a new owner taking it over. 

It sounds like neither of them understand what they are doing