Redundancy Clawback if Rehired for Different Job

skint76

I got made redundant, and have completed my gardening leave so am officially unemployed since about a month. I received statutory redundancy and a satisfactory package from my company.
I am looking at another role in the same company, less money, different job, different department.

I am waiting on details but am being told there will be a clawback of my redundancy package if I want to start the job.

There is no clawback clause I can find in my settlement agreement.

Can they actually do this? It certainly doesn't sound ethical, but is it legal?

sheenas

Normal it would be part of the redundancy agreement. Talk to HR and ask for the relevant section of the agreement

skint76

I have received their letter, they are telling me I need to pay back approximately half of my ex-gratia payment for condition of re-employment. I have asked them to point me to the relevant section of my settlement agreement and the corresponding UK law. This sounds like discriminatory hiring practices to me.

skint76

I got made redundant, and have completed my gardening leave so am officially unemployed since about a month. I received statutory redundancy and a satisfactory package from my company.
I am looking at another role in the same company, less money, different job, different department.

I have been told to get hired for this new job, I need to pay back approx half of my settlement. 
I have asked on another sub here, but does anyone know if they can legally demand repayment on condition of employment? thanks

TadleyBaggie

When I was made redundant, it was made clear in the package conditions that rehiring within 13 months would require some repayment. Read your paperwork. 

Hoenir

skint76 said:

I have asked on another sub here, but does anyone know if they can legally demand repayment on condition of employment? thanks

They can make it a condition of the job offer. Up to you whether you seriously want the job or not. 

What did your redundancy letter state? 

Grumpy_chap

Does the job market have enough strength in your area (trade / profession and geography) for you to simply forget about the rehire with the previous employer?

Otherwise, this looks like a contrived process to get you to a lower salary base and break your continuity of service...

Grumpy_chap

Duplicate thread
https://forums.moneysavingexpert.com/discussion/6607258/redundancy-clawback-if-rehired-for-different-job#latest

Grumpy_chap

Duplicate thread
https://forums.moneysavingexpert.com/discussion/6607271/rehire-after-redundancy-settlement-clawback-condition-of-rehire#latest

skint76

TadleyBaggie said:

When I was made redundant, it was made clear in the package conditions that rehiring within 13 months would require some repayment. Read your paperwork. 

there's no mention of repayment

TadleyBaggie

So they are making it a condition of employment, totally up to them not illegal.