Redundancy

[Bennett493]

Hi,

My job role was made redundant in December however i have been on a secondment in another role within the company that was due to end at the end of this year. I have now applied and been successful in achieving a new permanent role within my company. As of yet i do not have a start date for this however am i entitled to what my redundancy would have been calculated at had i left the business in December. I do have written confirmation that my role is redundant.

thanks in advance for any information

[ULA]

Has there been any break in service i.e. between your position becoming redundant and your secondment or will there be before you start your new role?

Is the new role something that is tangibly different from the position that was made redundant?

[Bennett493]

Hi,

No there has not been any break in service since my previous role was made redundant. and yes the new role is completely different to my previous redundant role and my current role on the secondment.

[ULA]

I am not sure how the secondment factors into this but I do know that where someone is offered their old job back or another job with the same employer or associated employer which is offered before the old contract was terminated and they restart employment within four weeks of the previous one ending, they are not considered to have been dismissed and therefore not entitled to a redundancy payment.

The other issue is that normally unless the new terms and conditions of employment offered are identical to the previous terms and conditions, then there is an entitlement to a statutory trial period of at least four weeks without affecting your redundancy rights.