Redundancy -> Freelancing

[k8s]

New to this site and forum - looks very helpful. Looking forward to joining properly!

Does anyone know the rules where you're made redundant but subsequently negotiate a (3-month) contract as a freelancer to complete some work?

Is it ok as long as I set up my own ltd co? Can I keep the redundancy pay?

[cojak]

Sorry to tell you this me old mucker, but that isn't redundancy.

For a person to be made redundant, the job has to disappear. If you can go back and continue to do it, it ain't disappeared.

Get proper advice, someone might be trying to pull a fast one here and you're the fall guy.

[Buffoon]

Watch out for this k8s character, he/she could be a fifth columnist! This is classic 'Friday to Monday' that the government used against us. It’s a trick, don’t get suckered in.

[Sockpuppet]

Sorry to tell you this me old mucker, but that isn't redundancy.

For a person to be made redundant, the job has to disappear. If you can go back and continue to do it, it ain't disappeared.

Get proper advice, someone might be trying to pull a fast one here and you're the fall guy.

I agree but he said "some work" so might not be the same, his role still could have dissapeared.

You could keep the redundancy pay in that case. As you would be working for another company.

Just treat it like a bonus

[The Lone Gunman]

If you are going back to finish the "same"** job you were doing then you should take legal advice about constructive or unfair dismisal, your employer has broken the law. You would also find the IR would find you well and truly within IR35.

If you are going back to do different work then yor status will depend entirely on your contract and working arrangements. Look at the beginners guides and other advice on here, on Shout99 and the Professional Contractors Group (PCG).



** As I understand it, the same job is not limited to the actual piece of work. If they made a C++ guy redundant they can not contract out C++ work unless they can show that a different application required different skills.

[k8s]

Thanks for the comments.

Thing is, if my *role* as a permanent employee is redundant but there is still a project to complete? And if I am going out on my own to complete such projects for other companies anyway...?

I'd just like to get the redundancy as recognition that my role is no longer needed within the company, but at the same time get my first contract and finish the project. Or is that a classic 'having one's cake & eating it'?

thanks!

[malvolio]

Thanks for the comments.

Thing is, if my *role* as a permanent employee is redundant but there is still a project to complete? And if I am going out on my own to complete such projects for other companies anyway...?

I'd just like to get the redundancy as recognition that my role is no longer needed within the company, but at the same time get my first contract and finish the project. Or is that a classic 'having one's cake & eating it'?

thanks!

Bloody amateurs...

If the job still exists, and if they still need someone to do it then it probably does, you cannot have been made redundant, your payment is illegal (or at the very least, should be treated as earned income and you need to pay tax on it, or you are commiting a crime) and all they have done is force to to sign away your employment rights for no benefit. Any other contract work you may get is good, but does not affect that basic situation.

Doesn't sound like too much of a good idea from here, I'm afraid... If you have other contract work to do, go for it and forget the original company; they are merely screwing you around. Otherwise, keep the payment and use it to sue them for unfair dismissal.

[xoggoth]

But if you took out insurance and it was only 3 months extra tax at stake would the IR bother?