Redunancy, Then Working In The Same Industry

[enfable]

Can an employeer who makes you redundant specify that you can not work within the same industry, for a given time?

[Prudie]

They certainly can at my workplace (public sector), if you've been paid off.

[baza]

when I took severance a few years ago I was informed that the first £30K was tax free the rest was taxable, should you return to the same industry then tax would be due on the full amount. I cannot say if this is still the case.

[Peaspeculiars]

I know some companies ask you not to work within the same industry for a specified time after you depart as a condition of your contract if you are in the financial sector (for example, if you work for a money lender, you could take trade secrets with you i.e what new products/ stores are about to open) but this would apply if you had left of your own accord. I don't think they should be able to specify this if you have been made redundant though - have a look at your contract. If you are not contractually bound to adhere to a policy such as this, then the world is your oyster

[mccfluff]

i think it would only apply if you had an enhanced redundancy package and that was part of the terms

i can;t see how that could be applied in a statutory redundo situation, if you leave of your own accord - yes

[Prudie]

Peas and fluff you're right, now I think about it I was referring to voluntary redundancy.

[excelsior-1]

i am being made redundant within the next four months

once i have left - it will not have anything to do with them where i go to work

[EcclesCake]

It is most likely to be found in the Ts&Cs of your contract of employment

I don't recall it being part of my redundancy deal but it would have applied had I resigned. It will vary considerably so you will need to review your contract or perhaps negotiate the terms of your redundancy settlement.

[heathfield]

Company I worked for had some redundancies. Notice board letter said that those made redundant would not be re-employed by the company for at least a six month period. Then added "unless necessary"!!

[Old_Geezer]

Could be part of some official secrecy thing you agreed to at the start ?

[black_cat51]

if i were to be made redundant, i can't work in the same industry for 1 month, or i'll have to pay it back

[jomifl]

The wife of a colleague of mine was a head teacher who took early retirement...3 months later she was an Ofsted inspector on a higher salary, same industry, different job and a pension...

[hjd]

These clauses are quite common, but in practice are likely to be legally unenforceable and so most people ignore them.

[thugulike]

The answer is No. It is unreasonable to place restrictions on ex employees and would be deemed to be a restrictive covenant. Many people have such terms in their contracts but they are not enforceable. Public sector is different as you can transfer your date of continuous service from one authority to another. Redundancy is basically compensation for your loss of statutory rights ie losing your continuous service.