My son in law has been told he may be made redundant. A year ago he was made redundant and paid statutory redundancy pay from his Employer. He did not work for anyone else, but worked exclusively for that same Employer under a self employed scheme for a short while. After a few months afterwards he was re-engaged as an Direct Employeeby the same Employer doing the same job as before. This same Employer is now considering this 2nd redundancy of the same job as last year.
Is my son-in-law entitled to a further statutory redundancy package on the basis that this employment can be regarded as continuous employment starting at the time of the initial engagement?
Thank you
Is further redundcancy claim appropriate when Reduncancy has occurred twice?
- 05-12-10, 12:35 PM #1hedd
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Is further redundcancy claim appropriate when Reduncancy has occurred twice?
- 05-12-10, 01:20 PM #2
No. His employment was broken by a period of self-employment, which he accepted. If he had wanted to claim that the redundancy was unfair and that there was no genuine redundancy, on the basis that he was re-engaged by the employer in the same capacity without any break in employment, he should have done that within 3 months of the original redundancy. He is now out of time to make such a claim, so his continuous service only counts from the point at which he was re-engaged as an employee. There might be exceptional circumstances that a lawyer could make out of this, with sight of all the paperwork and details - but it wouldn't be worth their effort because he would only be entitled to the balance of statutory redundancy after what he was previously paid was deducted. Considering that the legal fees would be more than he would get, and there is no guarantee that he would have a case or would win it, but his references would be shot to hell - I'm afraid I'd recommend against it.
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