Returning to same company after being made redundant

[kiboomiz]

Hi,

Are there legal issues surrounding returning to a company as a contractor after they've made you redundant (and have received redundancy pay)?

I'll be leaving my current role at the end of the month and will be looking at going contracting in SAS. I've tentatively raised the subject of staying on as a contractor for a short time to help out with the transition process of the project I'm working on.

My manager says that, logically, my staying on would be ideal as they're looking at having to recruit new staff (possibly contractors) anyway who would take time to get 'up to speed' with the process whereas I would be able to carry on as normal. He wasn't too sure about the legal issue about it though (not to mention the internal political issues!).

Thanks,

Jethro

[Bluebird]

Hi,

Are there legal issues surrounding returning to a company as a contractor after they've made you redundant (and have received redundancy pay)?

I'll be leaving my current role at the end of the month and will be looking at going contracting in SAS. I've tentatively raised the subject of staying on as a contractor for a short time to help out with the transition process of the project I'm working on.

My manager says that, logically, my staying on would be ideal as they're looking at having to recruit new staff (possibly contractors) anyway who would take time to get 'up to speed' with the process whereas I would be able to carry on as normal. He wasn't too sure about the legal issue about it though (not to mention the internal political issues!).

Thanks,

Jethro

If you were carrying on doing the same work you would peobably be caught by IR35 - it's not illegal, but would mean that you would have to pay full PAYE on any income you get.

Apart from that sounds good.

[ASB]

My manager says that, logically, my staying on would be ideal as they're looking at having to recruit new staff (possibly contractors)

Get it in writing. You then hhave a pretty solid case for unfair dismissal since the position is not redundant.

[Ardesco]

Get it in writing. You then hhave a pretty solid case for unfair dismissal since the position is not redundant.

Not if he has taken voluntary redundancy.

[ASB]

Not if he has taken voluntary redundancy.

True. But he did say "made".

[Ardesco]

True. But he did say "made".

Good point, but I bet the company will say that his role was no longer a viable role as they are outsourcing what he does. They will probably be quite happy to have the OP assist them in knowledge transfer as they outsource, etc.

Companies are always slippery buggers.