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Legal advice please


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Guest mashkhan
Posted

A friend of mine at work was recently made redundant. However before his redundancy ended he was offered another job in the department. He received his P45 and redundancy money before this other job offer and spent the money! The employers are demanding the redundancy money back however, because they have given him another job and he has not been made redundant afterall.

My question is does he have a leg to stand on, does he have to pay them back? He's offered to pay it back in installments but the powers that be seem reluctant to accept this.

Guest awarner [MVP]
Posted

Ok first things first,

1, Has he haded back his P45

2, is his service (no or years) still continuing or is he starting from scratch again?

If so then he HAS to return th money, if he is starting his service with the company from scratch again the money is his. As technically he has left then rejoined.

I was made redundant a few years back and had a payout, then I returned back to the company 9weeks later and had the choice to return th money or start my time with the company from scratch again.

Good job I choose as they went under a year later :roll:

Guest mashkhan
Posted

Cheers for the advice. :) My friend didn't restart I'm afraid, he's got a letter saying his new position is a continuation from his old post. He hasn't handed back his P45 though. The letter got was handed back after he received his redundancy money. (Does this make a difference?)

At the moment he is pretty much resigned to having to pay it back.

Guest mcwarre
Posted

For the sake of a few quid (some are free for the first hour) it might be worth seeing a lawyer!

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