Hello and thank you for your question, which I will be happy to assist you with. Please let me know why do they want you to give your redundancy back?

but have they said why it should be paid back?

sorry, some slight technical issues, I am still here

ok I am still somewhat unclear as to why you were initially paid redundancy but then they ask for it back. So you were made redundant in March and paid redundancy. However, you have continued working since. Now are they saying that you should not have been paid redundancy because you are still in a job and not actually redundant?

so the job you are in at present - is that not permanent?

so not really any change in the way you worked?

and there was no break between contracts?

ok thanks, let me get my answer ready please

if you so wish, I won't be too long

oh yes one more question - were you offered the new contract before your employment under the old contract finished?

that's ok thanks

If you were made redundant then you would have been entitled to a redundancy payment assuming you had at least 2 years of consecutive service at the time. However, if you were made an offer of suitable alternative employment before the termination of your employment, you would not be deemed to be redundant. In this case you appear to have been given the option of a new contract before your old employment terminated and as the terms were more or less the same it is likely to have amounted to suitable alternative employment. If that is what happened you will not technically be redundant and would have continued to be employed in a suitable alternative job and it means you would not have been entitled to a redundancy payment in the first place.

As to withholding your wages, the employer may only do so in certain circumstances, one of which is to recover a previous overpayment. So we need to look at whether 'wages' also include a redundancy payment. The answer is no and that is confirmed by section 27(2)(d) of the Employment Rights Act 1996 which specifically excludes " any payment referable to the worker’s redundancy".

So to conclude - you appear not to be entitled to the redundancy payment, assuming you have continued working there in a suitable alternative position so may be required to repay that to the employer. At the same time the employer is not entitled to withhold your wages because of this and doing so would amount to unlawful deduction of wages.

simply put - yes. If you are properly made redundant in Nov, they should really pay it to you in their next pay run after you leave

My pleasure. Unless you need further help, I would be grateful if you could please quickly click to rate the service I have provided you with before leaving and choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you

many thanks and you too