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Made redundant, then not?

5 replies

n0ne · 11/02/2019 17:09

Has anyone ever been in the position where you've been made redundant, agreed to a severance package, all parties have signed and then the employer has turned round and asked you to stay, in the same role? This has just happened to me and I wonder where I stand now. The position is not redundant, the company has realised they can't do without someone fulfilling that role, but they signed a contract (reviewed by an independent solicitor) saying it WAS redundant. I know if I stay I'm very unlikely to get any lump sum from them but what am I entitled to, by law? And if I DON'T stay, am I still entitled to the money even though the role still exists (albeit someone else is doing it)?

OP posts:
DGRossetti · 12/02/2019 06:58

I be concerned to make sure the new role is recorded as being a continuation of the original role ... it wouldn't be nice to be made "redundant" in 6 months time and discover you're a new employee all of a sudden ....

SalrycLuxx · 12/02/2019 07:01

If everyone has signed, I’d think it’s legally binding and enforceable.

Do you want to stay? If so, you could agree, but you should definitely get it in writing (signed) that it’s continuing service, not new:

n0ne · 13/02/2019 07:14

Well, I got my answer yesterday - they will legally void the termination contract, and in order to make it worth my while to stay, are converting the severance payment into a retention bonus. Well chuffed!

OP posts:
n0ne · 13/02/2019 07:17

Oh, and yes, they're drawing up a new contract stipulating it's a continuation of my role and not a new one. I'm so glad I don't have to leave, my company are really lovely Smile

OP posts:
titchy · 13/02/2019 08:34

Wow! Nice one!

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