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Hello,

Can anyone help. I am waiting for outcome of my redundancy appeal. What happens if it is overturned, but whilst waiitng i have already started new employment. Do i have to go back to old employer? Do i have to give redundancy pay back?

 

Thanks.:???:

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Yes to both! But if you've started a new job, you could always withdraw the appeal... Unless you're claiming unfair dismissal?

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I doubt very much that it will be overturned (regardless of the circumstances). Tribunals know that you returning to your old job is not an ideal situation, and if the company tried to get rid of you illegally once - next time they'll simply dot all the i's and cross all the t's (e.g. they'll get it right next time).

 

As all evidence has been submitted, and the tribunal is considering, I'd just not shout about your new job.

 

The tribunal may well find in your favour; not overturn the company decision and simply award you loss of earnings (at which point you must declare when you started earning again in order to calculate this properly).

 

In any case - in future join a union - you'd be getting professional advice / being represented by a barrister now - rather than opinions from laymen.

 

p.s. Redundancy pay is used as and when you wish to use it (you've no-doubt been living on it), you will be given time to 'pay it back'.

p.p.s. If your redundancy IS over-turned, remember that you would have been paid as normal for the period that you haven't been working, and the company will have to pay you for that (it's not your fault that they broke the law).

 

Red ;-)

Edited by RedSlayer

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