If you have been made redundant and another position becomes available which you would be qualified for can you apply for it. I have been told that I cannot re-apply for other positions for 6 months is that a statutory requirement or is it just a local requirement for the company
1. If the position is in the same company, then you are not entitled to redundancy if you are employed in this new position. That is due to the law on redundancy. If the new position is in a different company, then you can apply for it and be employed there. Any company specifying that you cannot apply for it is operating a policy of their own in this situation.
Sorry I have not made myself clear I was made redundant 31.05.2012 but a different position has become available within the same company that was the question I was asking, I know I can apply for positions with different companies.
Not very happy you appear to have gone offline????
2. As I stated in my first answer, your redundancy payment is liable to be clawed back if you get a new position within the same company. This is because redundancy payments are compensation for loss of employment with an employer. If you are simply re-employed by the same employer in a different position, then there is no redundancy situation in law and any payments received are simply taxed at full Income tax rates at the highest rate. Accordingly, if you get redundancy you must leave that company's employment. Otherwise there is no redundancy situation in law. That is why the six months issue has been raised with you when you applied for the new position.
Barrister 17 years experience
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