Hi

I would be really grateful if someone could help.  My husband is being made redundant.  He is receiving an enhanced package plus a PILON.  After having held his permanent position for 5 years, the company has restructured and his role no longer exists.

His original redundancy date was 31st October, however this was extended by 2 months to 31st December in order that he could cover a similar but different job, for a colleague who is currently on maternity leave.

The maternity leave is not actually due to end until April and my husband’s manager did try to extend the redundancy date until that date, but the HR Department refused.

My husband has now been asked by his manager if he will consider returning in January to provide maternity cover for a further 4 month period – possibly through an agency.

However, the HR department have said that this is not possible because the redundancy payment will become taxable.

Does anyone know if this is correct?  If incorrect, can anyone point us to something concrete that my husband and his manager can use to persuade the HR department?

I have read in the ERA something about it being OK if there is a gap of 4 weeks between the redundancy and the re-engagement.  Does anyone know if this is absolutely necessary where a permanent position is lost but a temporary position is being offered?

Kind regards and thank you in advance