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  • FIRST POST
    • ladysusan
    • By ladysusan 25th Sep 19, 11:01 AM
    • 3Posts
    • 1Thanks
    ladysusan
    My Redundancy has been cancelled
    • #1
    • 25th Sep 19, 11:01 AM
    My Redundancy has been cancelled 25th Sep 19 at 11:01 AM
    I have been under notice of redundancy, but at the last minute (the day before I leave), they have asked me to stay.
    My P45 has already been issued, and my final salary will include a redundancy payment -- arriving in my bank tomorrow.
    Apparently, I can simply return the payment and I they will confirm in writing that my redundancy is cancelled.
    However, I think in the eyes of the Tax people I will still appear to have finished tomorrow, and then restarted. Will this affect any future redundancy? I think HMRC will see me as a new employee, so if I am made redundant again in the next two years I will get no entitlement and my current length of service is void.
    Any thoughts much appreciated
Page 1
    • El Torro
    • By El Torro 25th Sep 19, 11:24 AM
    • 465 Posts
    • 452 Thanks
    El Torro
    • #2
    • 25th Sep 19, 11:24 AM
    • #2
    • 25th Sep 19, 11:24 AM
    I think the issue is more what your employer deems your length of service to be. If they can guarantee that your employment never ended then you should still have the same rights as if they had never made you redundant.


    I wouldn't worry too much about what HMRC thinks. All they care about is that you pay the right amount of tax each year, so your employer / you need to be clear that the redundancy payment is being refunded to your employer.
    • Blue641Jenny
    • By Blue641Jenny 25th Sep 19, 1:42 PM
    • 3 Posts
    • 0 Thanks
    Blue641Jenny
    • #3
    • 25th Sep 19, 1:42 PM
    • #3
    • 25th Sep 19, 1:42 PM
    Not quite the same situation, verbally I was made redundant from a school in August. Since then there has been change of management and by redundancy was not approved and I am still awaiting yet another decision in 3 weeks. I wanted to ask if my case has to go to tribunal for full payment. I have had an interim payment of 840 whilst I wait for the rest of my 6year redundancy payment. If school have to pay me from tribunal outcome can they also claim any interest I would have earned had if been paid at time of redundancy which should have been 31/08/19
    • MEM62
    • By MEM62 26th Sep 19, 12:44 PM
    • 2,898 Posts
    • 2,579 Thanks
    MEM62
    • #4
    • 26th Sep 19, 12:44 PM
    • #4
    • 26th Sep 19, 12:44 PM
    I think HMRC will see me as a new employee
    Originally posted by ladysusan
    What HMRC view you as is irrelevant for redundancy purposes. It is nothing to do with them. The important thing is to ensure that your employer does not class this as a re-hire or new job and that it is a continuation of your service.
    • getmore4less
    • By getmore4less 29th Sep 19, 12:53 PM
    • 38,041 Posts
    • 23,605 Thanks
    getmore4less
    • #5
    • 29th Sep 19, 12:53 PM
    • #5
    • 29th Sep 19, 12:53 PM
    The law is if you are offered a new job before termination you have 4 weeks to take the job and retain continuity of employment, normally 1 week gap causes a break.

    In this case you are just no longer redundant if you carry on working, they should sort out the finances.

    You can still leave if you want to but can lose the redundancy.
    The original notice still stands if you want.

    Some companies withdraw redundancy if they know you have a new job so they don't have to pay the redundancy.
    (the correct procedure if you really want to leave is use counter notice)
    • mark88man
    • By mark88man 29th Sep 19, 1:26 PM
    • 4,484 Posts
    • 11,079 Thanks
    mark88man
    • #6
    • 29th Sep 19, 1:26 PM
    • #6
    • 29th Sep 19, 1:26 PM
    unless you desperately need the job just go. they seem like a right shower with hints of deviousness

    once gone you can cry all the way to the bank
    Things happen for a reason. Often because we are stupid & make bad decisions.
    Weight/Health - Fluctuating - better than I was worse than I should be
    Mid 19: CC:15K@0% - Car Loan:9K@2.8% - Mort:124K@2.1% = 148K - down 8k year to date
    Decrease in Total Debt 2016:13.4K 2017:8.3K 2018:20K

    • iammumtoone
    • By iammumtoone 29th Sep 19, 1:48 PM
    • 6,096 Posts
    • 12,124 Thanks
    iammumtoone
    • #7
    • 29th Sep 19, 1:48 PM
    • #7
    • 29th Sep 19, 1:48 PM
    What HMRC view you as is irrelevant for redundancy purposes. It is nothing to do with them. The important thing is to ensure that your employer does not class this as a re-hire or new job and that it is a continuation of your service.
    Originally posted by MEM62

    But how does that work in the case of the employer goes bust and the OP has to claim redundancy via the government. Surely in that instance they will take the HMRC info and OP will be shortchanged on what they are owed.
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