Re-hire after Termination

Grumpy_chap

nyermen said:

apply full employment rights on day one rather than after two years I think? 

I assume any such set of rules would not be that great for the OP as, in the scenario that appears to be in consideration, the OP would still lose out by the redundancy amount by virtue of the break in service that the OP's employer seemed to be suggesting.

"full employment rights from day one" would presumably cover things like sickness, unfair dismissal, access to tribunal and such like.  It might even include the right to redundancy but, assuming redundancy will always be calculated based on length of service, entitlement to redundancy based upon 1 week of continuous employment will only be pennies.

Maybe the OP will update how the final outcome closed out?
Under either scenario, the OP would appear to be not working right now - not for that employer anyhow.  Of course, the OP may have landed a nice plum job and be busy, or taken the redundancy and enjoying a well earned break away.

emploee_77

The company came back today with this proposed arrangement:

1. I am hired as a continuation of employment so my previous years will count. 

2. There will be an onboarding process, could take 6 weeks but I'll be paid for it.

3. The new role has a four week trial period after which I can be dismissed and would only be eligible for statutory redundancy rather than the enhanced package. This point concerns me.

Grumpy_chap

emploee_77 said:

The company came back today with this proposed arrangement:

1. I am hired as a continuation of employment so my previous years will count. 

2. There will be an onboarding process, could take 6 weeks but I'll be paid for it.

3. The new role has a four week trial period after which I can be dismissed and would only be eligible for statutory redundancy rather than the enhanced package. This point concerns me.

This really sounds like the employer trying to unwind the redundancy cost but not the redundancy and it seems counter to what was said previously.

emploee_77 said:

I was recently terminated by my employer due to redundancy, the enhanced payment is due to be paid at the end of the notice period which is on Monday.

emploee_77 said:

They stated that I am a valued employee that they don't want to lose.

You should, by now, have been paid the enhanced redundancy.

Why does a "valued employee" require an onboarding process and trial period?

If you fail to pass the "trial", you will get statutory redundancy only.  For 8 years service, depending upon age, statutory redundancy is from £2,800 to £8,400 (max). 
You would also get 6 weeks of paid leave while they process the re-onboarding...

I think you said upthread that your enhanced redundancy was worth a full year's pay.

This rather looks like they will take you through the 4-weeks and then dismiss you at statutory redundancy rather than enhanced.

If you want to stay there, then counter with "continuation of employment, paid for the onboarding process, and any redundancy / dismissal before 30 June 2025 you get the full enhanced redundancy".  That has to be your final offer.
If you are happy to move on, then simply take the enhanced redundancy (or keep it as you should already have this).

emploee_77

So tomorrow is the deadline. I have told the company that I am interested in the job and happy to do the four week trial, however, the enhanced redundancy must be available if things don't work out during that time.

I'll find out tomorrow if this is acceptable.

emploee_77

The offer remains a four week trial after which the company can rescind the offer and simply offer statutory redundancy.

Hoenir

emploee_77 said:

The offer remains a four week trial after which the company can rescind the offer and simply offer statutory redundancy.

Personally I'd take the enhanced package on offer. Four weeks is barely time for someone to start to adapt to a new role. There's far more going on within the organisation. Quite possibly a further round of redundancies. If the broader financial position doesn't improve. 

Grumpy_chap

I would take the current redundancy that has been tabled - the OP said a year's pay equivalent - and look for a new job and move on to whatever excitement the future holds.

The alternative seems overly imbalanced in favour of the employer - the OP gets a few weeks paid leave now, then a four-week trial in some new position (all a bit inconsistent as there is an on-boarding process and trial for a current "valued employee"), then can still be made redundant on statutory redundancy.

The cynic in me says that this enhanced redundancy was offered in error and the employer (or manager) is now looking for some way to unwind that cost liability but still have the ability to make the OP redundant at lower cost.

redped

I'd also take the money and run.  You'd be effectively paid for the next year whilst you look for another job.

emploee_77

I notified my solicitor on Tuesday that I would opt for the enhanced redundancy due to the four-week clause. My solicitor advised that he still needed to hear back from my former employer and now both he and the HR people involved are all of on leave. I'm not sure where this leaves me with a deadline of Tuesday and no confirmation either way.

I told the recruiter of my preferred role of my decision, they said that they would still proceed to make me an offer as the preferred candidate with the expectation that everything else will be resolved.

So I am in complete limbo.

saajan_12

The other key consideration is how employable do you think you are at the same salary / type of work? Sometimes experience becomes specific to that company / role, and may not be transferrable elsewhere. Have you ever looked around? If it takes any longer to negotiate, I'd start looking at what the options are. Even if its just speaking to a recruiter to get an idea, and seeing how closely your CV matches job descriptions out there at the level you're looking for.