working for the same company after redundancy
Discussion
After some advice on this.
I was made redundant from my old job of eleven years to be offered another job doing the same job at a different contract . Finishing on Friday started on Monday. How long does one have to wait before tax liabilty on redundancy pay when going back to work for the same company.
Barrie
I was made redundant from my old job of eleven years to be offered another job doing the same job at a different contract . Finishing on Friday started on Monday. How long does one have to wait before tax liabilty on redundancy pay when going back to work for the same company.
Barrie
They have broken the law.
YOU weren't made redundant. Your ROLE was was made redundant.
If that is the case, they CANNOT rehire you to do the same role.
On the tax front, if they paid you a tax free redundancy amount and then rehired you to do the same job, they have committed a PAYE fraud.
YOU weren't made redundant. Your ROLE was was made redundant.
If that is the case, they CANNOT rehire you to do the same role.
On the tax front, if they paid you a tax free redundancy amount and then rehired you to do the same job, they have committed a PAYE fraud.
LongBaz383BHP said:
After some advice on this.
I was made redundant from my old job of eleven years to be offered another job doing the same job at a different contract . Finishing on Friday started on Monday. How long does one have to wait before tax liabilty on redundancy pay when going back to work for the same company.
Barrie
What do you mean by "different contract"? It seems strange that the company would make you redundant and then re-employ you into the same role on the T&Cs (they wouldnt save any money and would end up paying redundancy pay on top). I have seen these shenanigans happen but normally it's in fairly senior roles where the incumbent gets a payoff so that the Council can be seen to be cutting posts, only for self-same incumbent to be re-employed via Agency or private company.I was made redundant from my old job of eleven years to be offered another job doing the same job at a different contract . Finishing on Friday started on Monday. How long does one have to wait before tax liabilty on redundancy pay when going back to work for the same company.
Barrie
With regards to timescale and tax liability, there isn't a fixed period of time. If HMRC do a compliance visit they will look at redundancy payments, ask if you rehired anybody, and then look at the role they were rehired into. The shorter the timescale and the greater the similarities between old/new role increases the likelihood of it not being a genuine redundancy.
Eric reading that it sounds like the OP may have been working as X on a contract to support Y corp, the Y corp work has dried up so redundancy from that team. In the meantime a job has come up working as X on a contract with Z Ltd has come in or the workload increased so headcount has increased as well.
Engineer1 said:
Eric reading that it sounds like the OP may have been working as X on a contract to support Y corp, the Y corp work has dried up so redundancy from that team. In the meantime a job has come up working as X on a contract with Z Ltd has come in or the workload increased so headcount has increased as well.
Even in this scenario the actual employer remains the same. Which customers of the employer you are supporting or which site you may be working on is still of interest but ultimately irrelevant when the employment relationship is still continuing.Engineer1 said:
Eric reading that it sounds like the OP may have been working as X on a contract to support Y corp, the Y corp work has dried up so redundancy from that team. In the meantime a job has come up working as X on a contract with Z Ltd has come in or the workload increased so headcount has increased as well.
This is correct. I was at site Y for eleven years and made redundant.however site X has no manager and they have asked me to stand in for 3-4 months until they can recriut a replacement. Site X is 100 miles away from siteY.LongBaz383BHP said:
To late I have already received the pay out.
This is as much the company's problem as it is yours. One way round is for you to re-pay the money, they re-instate you, you carry on the work, you are terminated by reason of redundancy later and receive the payment later.If the site you have worked at for 11 years no longer has that role at that site then the role is redundant.
Another site within the same organisation has the same role but at a different site therefore it is not the same role as the one you were doing as the site is different and over 100miles away.
If you were to flip it and your, now ex, employer were to say "OP we're moving your role 100miles away on the same terms" would you be happy?
Another site within the same organisation has the same role but at a different site therefore it is not the same role as the one you were doing as the site is different and over 100miles away.
If you were to flip it and your, now ex, employer were to say "OP we're moving your role 100miles away on the same terms" would you be happy?
nsi said:
edc said:
New role, same role, different team, different customer, it's all superfluous you are still working for the same employer.
Not true. edc said:
nsi said:
edc said:
New role, same role, different team, different customer, it's all superfluous you are still working for the same employer.
Not true. What people can't seem to really grasp is that the legal definition of redundancy when speaking about employment matters is that the "Redundancy" relates to the specific job the employee was doing, not the employee.
If a person was working as a checkout operator, was made redundant due to the implementation of automated checkouts, received a redundancy payment and
hen were re-hired immediately to collect shopping trolleys, then the redundancy payment would stand - because the new employment related to a totally different role - despite the fact that it was with the same employer.
The key as to whether the OP is entitled to keep the tax free lump sum he received on redundancy is how close to his original role his new role is. If the new role is identical in every respect, then he has a problem.
If it differs substantially, then he may be OK,.
If there is some commonality between the two jobs, then, if queried, his employer may have to argue their case with HMRC.
Absolutely, but if he was checkout operator to trolley pusher then he should retain continuous service and be redeployed into the new role as a suitable alternative role with an appropriate trial period, not severed and rehired. But, based on the limited information given if the role is essentially the same role on the same terms and conditions but in a different location then an employee cannot unreasonably refuse the role without forfeiting their redundancy payment. That of course assumes a role was offered, refused and money not paid.
A cautious approach might be to hold back an amount for Tax and NI and carry on working.
A cautious approach might be to hold back an amount for Tax and NI and carry on working.
edc said:
Absolutely, but if he was checkout operator to trolley pusher then he should retain continuous service and be redeployed into the new role as a suitable alternative role with an appropriate trial period, not severed and rehired. But, based on the limited information given if the role is essentially the same role on the same terms and conditions but in a different location then an employee cannot unreasonably refuse the role without forfeiting their redundancy payment. That of course assumes a role was offered, refused and money not paid.
A cautious approach might be to hold back an amount for Tax and NI and carry on working.
But if he were a checkout operator at store A and then returned as a trolley pusher at store B which was 100 miles away from store A as is the case of the OP then there would be less of a potential issue.A cautious approach might be to hold back an amount for Tax and NI and carry on working.
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