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redundancy and continuity of service

pazman69
pazman69 Posts: 8 Forumite
Part of the Furniture First Post Combo Breaker
Aside from offering alternative employment during the redunancy process what is the law regarding continuity of service if you have been made redundant and quite swifly afterwards you applied and was offered a job with the same company. Are you governed by what they offer (obviously going to be a new contract as my 8 years previous service can be ignored) or can I insist on it being recognised?

Comments

  • elsien
    elsien Posts: 36,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What length gap in employment are you talking about? 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • p00hsticks
    p00hsticks Posts: 14,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As far as I'm aware if you are actually made redundant then it won't be continuous service.
    But if the new role would be the same as you previously had then employing you again after a very short period of time would lead me to question whether the redundancy was necessary in the first place ?.

    Perhaps worth asking ACAS Acas | Making working life better for everyone in Britain

     
  • IOWJJBTM2025
    IOWJJBTM2025 Posts: 52 Forumite
    10 Posts
    My understanding was that they make the position redundant. They cannot employ someone else to do the same role or re-employ you in the same role within a certain amount of time.
    If they do make you redundant they can offer you an alternative position within the company but they will still have to pay redundancy for 8 years service.
  • Lorian
    Lorian Posts: 6,407 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    If a person has left with redundancy payment they should definitely check the conditions if any of it is repayable if they rejoin the company.
  • GrumpyDil
    GrumpyDil Posts: 2,156 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    My company has a hard policy of not re-employing withing six months which avoids these sorts of issues 
  • Andy_L
    Andy_L Posts: 13,126 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pazman69 said:
    Aside from offering alternative employment during the redunancy process what is the law regarding continuity of service if you have been made redundant and quite swifly afterwards you applied and was offered a job with the same company. Are you governed by what they offer (obviously going to be a new contract as my 8 years previous service can be ignored) or can I insist on it being recognised?
    1 week gap between jobs will break continuous service.

    Yes. 
  • EnPointe
    EnPointe Posts: 949 Forumite
    500 Posts Second Anniversary Name Dropper
    My understanding was that they make the position redundant. They cannot employ someone else to do the same role or re-employ you in the same role within a certain amount of time.
    If they do make you redundant they can offer you an alternative position within the company but they will still have to pay redundancy for 8 years service.
    if  the OP is redeployed  there is no redundancy 
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