Re-hiring Queries

newbieni

Hi,

It's a long story but basically I was made redundant by my company and the termination date was in June. By the end of June I had three offers for new roles inside the company and by mid-July I picked my preferred role. The issue was negotiated with my former company and my solicitor, the solicitor was involved at the company's instructions due to the redundancy process.

My solicitor agreed with the company that I would  get my full redundancy (7 months pay) and come back in September as a new hire. The company after a few days said no, this was "too generous". They then offered me a start date in September but I would have no salary from June - September.

My solicitor said this was a poor offer so a compromise was agreed that I would have my termination revoked, keep my years of service and come back in September/October when I was put back on the system. I would be fully paid and there would be no gaps in employment (this has happened).

It's now November, the company is struggling to reverse the termination and to get me back onto the system. I've had multiple calls from IT, usually different people each time to no avail. The recruiter is involved and it worries me that it's taking so long. The recruiter has asked how soon I can start after the IT issues are resolved but I have a few outstanding issues that the company hasn't addressed, namely,

1. What happens to the rather large legal bill that I have?
2. Given I have six months of service up until June, I am eligible for a bonus and payrise in January, however, with everything that's been happening where do I stand with this?
3. What happens to my unspent holidays? I have 25 at present.
4. I am currently looking after my kids and I will need to book a place in nursery, however, they need notice and I'm worried any delays on top of what has been happening will reflect badly on me. I had notified the nursery of several previous dates but due to the IT issues these had to be cancelled. The nursery advised to contact them when everything was resolved with my employer.

I am thinking of requesting a meeting with my new manager to explain that the delays are due to IT issues as I am sure they're getting concerned. I am also concerned that my role could be revoked due to the delays.

Apologies for the long ramble.

Any advice would be appreciated.

DullGreyGuy

1. what was agreed about it? Normally that would be your cost to pay but if they told you to instruct a solicitor at their expense its a different matter

2. How do bonuses and payrises work in your place? Where I worked as a perm it was discretionary and it was paid from the pot of the department you were in at bonus time. In principle thought should be given for the work whilst in the prior department but it was inevitable that those new to a team rarely had established themselves well enough to get a big slice.

3. What's the company policy on not using these up in the holiday year? In some places its use them or lose them, in others you can carry up to X days forward and in a minority you get paid for them. Given you've had several months off and yet will be paid for them not sure it's one to make a big fuss over. Again ideally this would have been agreed as part of the settlement

4. Or set a date and stick to it irrespective if your back actually working or being paid to sit at home.


It really depends on what the IT problems are and if a mountain out of a molehill is being made. Yes it would be nice to bring back your old account etc but it's not strictly necessary. Returned to a prior client for the third time and my email address was DGG2@client.com because they just setup a new account and so add numbers to the email. The HR system the same, they can put you in as a new joiner and just adjust the continuous service date just as they would have had you TUPEd to them etc

newbieni

DullGreyGuy said:

1. what was agreed about it? Normally that would be your cost to pay but if they told you to instruct a solicitor at their expense its a different matter

2. How do bonuses and payrises work in your place? Where I worked as a perm it was discretionary and it was paid from the pot of the department you were in at bonus time. In principle thought should be given for the work whilst in the prior department but it was inevitable that those new to a team rarely had established themselves well enough to get a big slice.

3. What's the company policy on not using these up in the holiday year? In some places its use them or lose them, in others you can carry up to X days forward and in a minority you get paid for them. Given you've had several months off and yet will be paid for them not sure it's one to make a big fuss over. Again ideally this would have been agreed as part of the settlement

4. Or set a date and stick to it irrespective if your back actually working or being paid to sit at home.


It really depends on what the IT problems are and if a mountain out of a molehill is being made. Yes it would be nice to bring back your old account etc but it's not strictly necessary. Returned to a prior client for the third time and my email address was DGG2@client.com because they just setup a new account and so add numbers to the email. The HR system the same, they can put you in as a new joiner and just adjust the continuous service date just as they would have had you TUPEd to them etc

On point one it's a little bit complicated. I accepted the redundancy offer and signed the contract and submitted this to HR. They advised that I needed to invoke a solicitor to counter sign it and they would cover the costs. Due to some delays from the company my termination date passed but my solicitor was given some extra time to read through the contract before signing it. It was during this time that the job offers started coming through and from then the company would only speak to my solicitor. 

One point 2, bonuses and payrises are applicable if you have been performing well in your role and have been with the company for at least three months.

One point three, holidays can be carried over in exceptional circumstances. 

EnPointe

as  has been said you can  put on systems as a new joiner and your seniority / continuous service antedated ( as  happened ot me when   a  the division of a large  retailer i worked for at one time was transfered to a outsourced logistics company 

" Start date  =xx/08/2021  
 continuous service date  = yy/02/2017  "

 any holiday   or other sich  stuff that needs  smoothing over just needs to be escalated to an approrpate level  which if necessary  may be divisional director  otr C-suite roles  to get sign off 

saajan_12

Ultimately they can still revoke your new role, in  which case I assume the original 7 mmonths redundancy pay stands? Is it at full pay, or the capped salary you're statutorily entitled to? 

You might want to keep searching for jobs and interviewing if this falls through. If both work out then you can pick whichever is best. 

newbieni

saajan_12 said:

Ultimately they can still revoke your new role, in  which case I assume the original 7 mmonths redundancy pay stands? Is it at full pay, or the capped salary you're statutorily entitled to? 

You might want to keep searching for jobs and interviewing if this falls through. If both work out then you can pick whichever is best. 

The redundancy process ended in June, I now have almost 8.5 years of service. To be fair to the company, they've been trying to resolve this issue since July.

silvercar

My solicitor said this was a poor offer so a compromise was agreed that I would have my termination revoked, keep my years of service and come back in September/October when I was put back on the system. I would be fully paid and there would be no gaps in employment (this has happened).

To be honest, I don’t understand why this hasn’t happened, leaving the IT to be sorted in the background.