Redundancy Clawback if Rehired for Different Job

sheramber

As  solvercar says it may not be part of the redundancy terms but a condition of  the new contract for the new job.

Undervalued

skint76 said:

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.

Just about everything to do with recruitment and employment is "discrimination" in one sense of the word and perfectly lawful unless it is on on of the handful of prohibited grounds!

DullGreyGuy

vacheron said:

I guess, (and also without making any inferences towards the OP), I meant reliable in the sense that they hadn't jumped ship of their own accord prevously, so I really trying to convey "loyal".... which in hindsight would have been a far better word to use! 

Certainly I've worked in large companies that has plenty of "dead wood", disengaged, doing the bare minimum, not a team player etc. Whilst some of the blame can probably be levelled at management it is very difficult to remove someone who's technically just about ok at their job.

This is now a significantly growing cultural philosophy which apparently began in the US and is moving significantly into traditional regions that value extreme commitment to your job such as Japan and Korea, and is being referred to as "quiet quitting".

The difference in the US is that you can just get rid of someone if you want, in the UK you can't and doing the bare minimum means you are ticking enough boxes that you can't be put through a disciplinary process or under performance one.

General_Grant

skint76 said:

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

I haven't checked out the advice on the other thread but

I am presuming that "approx half of my settlement" means that if you did repay that you would still have received whatever statutory amount was due.

If so it is perfectly legal for them to require repayment of some extra from the "satisfactory package".

Although it would have been perfectly legal for them to re-employ you after the formal ending of your earlier employment, many companies will expect some time to elapse.

Who told you about the repayment?  A recruiter from the company or a friend down your local?

MSE_ForumTeam5

Threads merged