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Returning as a contractor after voluntary redundancy

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    #11
    Originally posted by Gomez View Post
    The role will not definitely exist as a contract. It *may* become available *if* the subject of this query took a voluntary redundancy option.
    As everyone said, IR35 was brought to stop this sort of thing from happening.

    So forget all of the twiddly bit that you've quoted in the faint hope that they may push you outside, you will be inside IR35.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

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      #12
      Apart from IR35 the company involved is breaking employment law.

      If your skills are needed in that or a similar role then they shouldn't be offering you redundancy, they should make you take the similar role or resign if you refuse to take it.
      "You’re just a bad memory who doesn’t know when to go away" JR

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        #13
        Originally posted by Gomez View Post
        The role will not definitely exist as a contract. It *may* become available *if* the subject of this query took a voluntary redundancy option.
        Erm.... Rubbish.

        If there's work doing the same role in broadly the same way as before then the role isn't redundant, that's just the employer trying to reduce head count as cheaply as possible. Being cynical it looks like they want out of the responsibility to pay all the employment costs while keeping their experienced staff that they can then dump when it suits.
        In this scenario the employer wants to offer a rate that to an ex employee looks nice, but to an experienced contractor it would be considered derisory.

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          #14
          I'm grateful for all the replies so far but I think it would help if I fleshed this situation out a bit more fully as it's certainly not straightforward and it might bring a new slant to any further responses.

          Essentially, I am being faced with a TUPE situation from a private company whose contract with a client is ending. I have provided services to the client for a number of years (not exclusively) and am now in scope to be transferred to the client. There is a mismatch between some of the terms and conditions and benefits that I currently enjoy but the biggest issue seems to be being able to work from home in the future as I have previously done. The client may offer a voluntary redundancy option if and when I TUPE over due to me being remotely located to their offices.

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            #15
            Again that makes very little sense, if your benefits are in your existing contract (working from home can be called a benefit) then under the TUPE rules they have to maintain them. You really need to look into the TUPE rules, as an employee you have a LOT of protections in there which it looks like they're trying to blatantly bypass.

            They can't make you redundant if the role is still alive and offering to contract you to fill your current role is pretty much stating up front the role isn't redundant.

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              #16
              Whichever way it is dressed up this is IR35 caught.

              Whichever way it is dressed up the VR becomes taxable.

              There are theoretical possibilities to return to a employer/client outside IR35 but this is not one of them.

              Take the VR by all means, but don't expect to return to the same employer/client because a) it won't be worth it after deduction of IR35, or b) it won't last very long.

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                #17
                If your current company makes you redundant before the take over, you might actually be okay, if it's the new one afterwards, you're prob ir35'd.

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                  #18
                  Originally posted by fool View Post
                  If your current company makes you redundant before the take over, you might actually be okay, if it's the new one afterwards, you're prob ir35'd.
                  Eh?? Any reasoning behind this thinking?
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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                    #19
                    Originally posted by fool View Post
                    If your current company makes you redundant before the take over, you might actually be okay, if it's the new one afterwards, you're prob ir35'd.
                    It makes no difference as either way the redundancy was false as the role still exists.
                    "You’re just a bad memory who doesn’t know when to go away" JR

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                      #20
                      Originally posted by Gomez View Post
                      I'm grateful for all the replies so far but I think it would help if I fleshed this situation out a bit more fully as it's certainly not straightforward and it might bring a new slant to any further responses.

                      Essentially, I am being faced with a TUPE situation from a private company whose contract with a client is ending. I have provided services to the client for a number of years (not exclusively) and am now in scope to be transferred to the client. There is a mismatch between some of the terms and conditions and benefits that I currently enjoy but the biggest issue seems to be being able to work from home in the future as I have previously done. The client may offer a voluntary redundancy option if and when I TUPE over due to me being remotely located to their offices.
                      If you are only made redundant due to refusing to accept a change in your terms and conditions then your role still exists.

                      The entire point of redundancy is that the role or similar roles will no longer exist in the organisation regardless of whether it's the new one you are TUPEd to or the old one.

                      In the case of voluntary redundancy were a company wishes to reduce head count they will be advised by lawyers not to go anywhere near you in terms of engaging you as any form of worker for a minimum of a year but possibly longer in the same or similar role to ensure you cannot take them to court.
                      "You’re just a bad memory who doesn’t know when to go away" JR

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