Paid back redundancy, might be made redundant again - won't get money back!

Hello everyone,

I was made redundant from my job back in April 2008. I got a redundancy payment and left and got a new job.

The new job that I went to was horrible and an opening came back at my old place of work.

I went for the job and got it, but in order to go back I had to pay my redundancy back.

I went back in July 2008 so I had to payback the money minus the months I was away.

The future at the moment isn't looking too bright and I've been told by HR that if I was made redundant again I would not be entitled to the money I paid back last year.

I don't think this is fair as it makes those years of service, in redundancy terms totally pointless.

I totally understand the point that I had to pay it back when I started again otherwise it might have been seen as a tax free bonus, but I don't think that it should be withheld from me if I were to be made redundant again.

Surely this money is mine?

If anyone could help at all that would be great.

I signed a new contract when I restarted but it said no where in there about the previous redundancy payment.

Many thanks

Amy

Hi Amy

Redundancy pay is compensation for a breach of the employment contract under which you were previously employed. This doesn't prevent you from re-starting with you the very same employer under a new contract of employer with your length of service starting from zero.

Asking for repayment of statutory redundancy payment is not legitimate. If there had been a shorter period between which you were re-employed then possibly ( there has to be a 4 week period to break the service completely) this may have be OK.

Did you receive redundancy payment over and above statutory pay? If an enhanced redundancy payment was made, is there an contractual provision that this part of the payment has to be repaid if you are re-employed within xx months of redundancy?

I received payment over stat payment as I had only been in the job for just over a year.

However when I returned to the job after being made redundant I signed a new contract and they said that I couldn't return until I had paid my redundancy payment back but it was not in any contract that I would have to pay it back if I returned.

I understand why I had to pay it back, but I just don't get where it has gone to now?

Surely if I paid it back and re-started on the same contract and was entitled to the same things as when I left it would be different?

Thanks

Amy