Friday to Monday....

[SueEllen]

Voluntary redundancy is covered by exactly the same laws. It is still unfair dismissal if your job is not redundant. The fact that you put your hand up only overrides the selection process - everything else is the same. Talk to someone!

And good luck.

WHS

The only way they can do "voluntary redundancy" like that is if it is a compromise agreement where you agree not to sue their a**es off. The agreement has to be done with a solicitor involved on your side who you choose to ensure you aren't being shafted. In addition your employer pays for some/all of the advice.

I suggest you work out* if you want to sue them and actually get compensation out of them that isn't subject to NI and PAYE.

*HINT take some legal advice to see what more you would likely get out of them and whether it would cover your NI and PAYE.

BTW I known people in other situations who have been made "redundant" and received payments. Some of them have received more compensation as a result after taking legal advice as if a firm doesn't bother talking to a solicitor on how to get rid of staff legally now, they won't want to pay the fees for defending themselves against any legal action against them.

[thunderlizard]

Clearly, I *think* this leaves me inside IR35 by the longest chalk

That is how conventional thinking would have it, and that is what was widely cited as the reason for introducing IR35 in the first place. But since IR35 as written never got as far as mentioning friday-to-monday situations, I don't think it's a given.

If you carried on working on the same terms as you always had been as an employee, you'd be inside. But if you come in on Monday with a shiny new suit, tell them how you're going to run things, and that you've hired a substitute for next week while you go on holiday, you'd be outside. That's how I see it.

[ASB]

The only way they can do "voluntary redundancy" like that is if it is a compromise agreement where you agree not to sue their a**es off.

That agreement would not be enforceable. You cannot simply give up a legal right. Even with the presence of such an agreement the employer could still be taken to an EAT.

The presence of the agreement should have absolutely no effect on the outcome, that is decided by on the facts.

It would probably have an effect on the level of compensation though.