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Ben Jones
Ben Jones, UK Lawyer
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I was made redundant and left under a compromise agreement

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I was made redundant and left under a compromise agreement on 31st December 2013. Since then I have been successful in an application to the same company but in a lesser role and salary, which I am happy to accept.

I want to re-join the company as a new starter, as would any other external candidate for this role. However my old company say I can re-join but want the redundancy money back less the time off without work and they will honour my previous service.

The only reason I can afford to take the role which is substantially less per year (£10,000) is because I used my redundancy money to reduce my outgoings so unless I get myself into debt of £18,000 I can not accept the job.

I understand there is not a law regarding this or a precedent but to me it feels like I am being treated differently just because I was previously employed.

Is there anything I can do other than try and negotiate with the company?

Thank You

Steve
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?

Customer:

17 years.

Ben Jones :


OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Expert:  Ben Jones replied 3 years ago.
Sorry for the slight delay, I had problems getting back into chat. Whilst I empathise with the situation you have found yourself in, there is unfortunately very little you can do, from a legal point of view, to persuade the employer to take you back without having to pay them any of your redundancy back.

When you were made redundant and paid redundancy pay, your employment would have officially terminated. If subsequently you decided to return to the company and get a job with them, you would be treated as a new applicant and any previous service with them would have no legal bearing on your rights. It does mean that the employer will have the right to choose who they employ and can make such decisions based on a wide range of factors. It is generally lawful for the employer to use whatever factors they feel are relevant and appropriate in the circumstances to come to that decision.

The only requirement in law is that the employer’s decision is not based on discriminatory grounds. That means that it should not base its decision on factors relating to gender, race, religion, age, disability, sexual orientation, etc. If its decision is based on any of these, there will be a potential case of discrimination and the affected person can potentially take this further. However, in the absence of any discriminatory reasons, the employer will rarely be acting unlawfully and will have the general power to be selective over whom it employs, even if it this generally appears to be unfair.

So the same applies in your case – if you are not happy to accept their conditions on re-employment, then they have no legal obligation to employ you and can simply state that they do not wish to further consider your application.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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