Made redunant before I even start....what are my options?

[FnG]magnolia · 2 Oct 2013 at 20:35

Ah, misread. In that case I'd stay at Company A if they'll retain you and work on getting a better role elsewhere.

daver · 2 Oct 2013 at 20:36

Further to the above, whether the payment in lieu of notice is taxable will come down to how it is written in the contract. But given that the company would save on NIC if was treated as compensation and not taxable it would be surprising if they wouldn't treat it so if at all possible

dowie · 2 Oct 2013 at 20:37

#Chri5# said:
Assuming I'm understanding the OP right...

If the job offer was unconditional, Gov.uk suggests the employer can be sued for breach of contract

I don't think they have withdrawn the offer they've made the role redundant - thus him getting paid...

OP should really speak to a reassuringly expensive solicitor about this though.

MooMoo444 · 2 Oct 2013 at 20:38

Hmm it's certainly an awkward situation. Your company (A) knows that you want to leave, so now will be hesitant to give you that promotion, even if they do take you back.

You'll have to do some groveling and make them reassured to get your old role back.

daver · 2 Oct 2013 at 20:39

#Chri5# said:
Assuming I'm understanding the OP right...

If the job offer was unconditional, Gov.uk suggests the employer can be sued for breach of contract

Presumably the contract says 3 months notice which is what they are paying him so there is no breach of contract

Housey · 2 Oct 2013 at 20:45

Aloreth said:
How do you figure this? I have a signed contract. If you still still think I am entitled to nothing, can I ask if you are actually familiar in this field?

What are redundancy terms in that contract?

The reality is you are not employed at this stage by your new employer so they have withdrawn the offer and it is a little grey as a good lawyer would seek to understand if they had people at risk when the offer was made. However, even with a contract they could start you on day 1 in November and fire you within 1 minute so I'd take the 3 months and seek your old role back.

apatia77 · 2 Oct 2013 at 20:49

I'm actually surprised they are paying him some money.

Most employers would just say, "we are very sorry" and nothing else.

Castiel · 2 Oct 2013 at 20:54

They are paying you severance pay, not redundancy....this is subject to tax and NI. I expect this is stated in your contract, probably each party has to give 3 months notice of termination. It is effectively payment in lieu of notice.

You are not entitled to redundancy.

Aloreth · 2 Oct 2013 at 21:04

Thanks for the comments all

if their offer is fair then I will take it. Never hurts to check!