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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.
So you mean this is a newly created job but with the same company from which you were made redundant?
If this was an agreement you had with your previous employer, prior to TUPE, you must consider whether it was something that automatically transferred to your latest employer.
Under TUPE all rights, powers, duties and liabilities under or in connection with your contract pass to the new employer. However, this does not exclude matters which are at first glance non-contractual, such as the policy in your case and will also include rights and obligations "connected with" the contract. The issue therefore is whether this policy was in some way incorporated into your contract, for example through consistent application by the old employer.
Regardless of whether this was a policy that transferred, the employer can choose not to offer you the job if you do not agree to their terms on repayment. It is a very simple right that they can choose who they wish to employ and it is not in any way illegal to refuse to employ you if you did not agree that this was a valid policy that you must adhere to. Even if you were in the right, they have no obligation to offer you the job and the final decision rests with them. They are not discriminating against you in a legal sense and as such their decision would not be unlawful. It would be immoral, bt not illegal, which is what matters unfortunately in this case.
it is for them to decide whether they want to employ you as temporary cover - again this is done at their own discretion but there is of course nothing preventing you from suggesting that as a way forward.
well you just don't know at this stage, until you propose it to them and find out what their thoughts are it is still going to be just speculation
Sorry I know this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.
Also remember that it is not just about the policy - the employer has the legal right to decide whether to employ yo in this case or not. Unfortunately under law they do not owe you a job which means that as long as they do not discriminate against you, which they are not, they can decide whether they want to take you on or not. So simply by refusing to stick to this policy, legal or not, they can decide not to proceed with taking you on
yes of course you have the right to chose not to accept their offer. And it is indeed the case that even if you tart now they can still dismiss you in the first two years of your employment for more or less any reason, subject to a few exceptions
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