redundancy and continuity of service

pazman69

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?

elsien

What length gap in employment are you talking about? 

p00hsticks

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

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

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

My company has a hard policy of not re-employing withing six months which avoids these sorts of issues 

Andy_L

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

IOWJJBTM2025 said:

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 

monkey-fingers

GrumpyDil said:

My company has a hard policy of not re-employing withing six months which avoids these sorts of issues 

Yup, this is a standard thing for most large companies.

It's not about paying back redundancy either.