Resign & rehire

SparrowHawk

Hi All,

I resigned from a company just over a month ago - had been working with them for 4 years, as I had found a new job. They have contacted me, with a proposal to rehire me for a different position, from which I left (a promotion effectively).

I'm wondering if there is any requirement on them to continue my entitlements as if I had never left the company, or are they allowed to treat me as if I am a brand bew employee?

Any & all advice appreciated.

Mr. Loverman

Sounds like the law is the opposite of what you are hoping for:

Once notice is given, you cannot withdraw your notice to terminate your employment, unless you can reach an agreement with your employer to do so.

wmpdd3

Yes you will be treated as a new employee. You could ask to keep what every you gain by having 4 years service as part of your job offer but the don't have to give you anything.

SparrowHawk

Sounds like the law is the opposite of what you are hoping for:

Once notice is given, you cannot withdraw your notice to terminate your employment, unless you can reach an agreement with your employer to do so.

Perhaps you misunderstood - I have already left the company - it's not a case of withdrawing my notice.

Yes you will be treated as a new employee. You could ask to keep what every you gain by having 4 years service as part of your job offer but the don't have to give you anything.

Thought as much, just wanted to get a 2nd opinion (or any more opinions, if anyone cares to add)

Thanks Mr. Loverman & wmpdd3 for your time & advice :-)

Diddler1977

SparrowHawk wrote: »

Hi All,

I resigned from a company just over a month ago - had been working with them for 4 years, as I had found a new job. They have contacted me, with a proposal to rehire me for a different position, from which I left (a promotion effectively).

I'm wondering if there is any requirement on them to continue my entitlements as if I had never left the company, or are they allowed to treat me as if I am a brand bew employee?

Any & all advice appreciated.

SparrowHawk wrote: »

Perhaps you misunderstood - I have already left the company - it's not a case of withdrawing my notice.


Thought as much, just wanted to get a 2nd opinion (or any more opinions, if anyone cares to add)

Thanks Mr. Loverman & wmpdd3 for your time & advice :-)

I think you have answered your own question.

tenchi-fan

SparrowHawk wrote: »

I resigned from a company just over a month ago - had been working with them for 4 years, as I had found a new job. They have contacted me, with a proposal to rehire me for a different position, from which I left (a promotion effectively).

I'm wondering if there is any requirement on them to continue my entitlements as if I had never left the company, or are they allowed to treat me as if I am a brand bew employee?

They are allowed to treat you as a brand new employee.

HOWEVER, they want you back so you are in a strong position to negotiate. You could ask them to include in your new contract that the position is a re-instatement and you retain all your previous rights (you will need legal advice on drafting this contract).

Alternatively, just ask for enough money to compensate you for the loss of certain rights regarding continuous service. You could also negotiate 2 days extra annual leave, finish at 4pm on Fridays, ask them to pay for a course for you, etc.

micdug

FFS ignore any of the previous. If they asked you back demand that all your previous service is counted. Might not mean anything now but in 10/20 years it could mean the difference between early retirement or not. Most companies won't blink an eye to this request if they are asking you to come back. Don't negotiate on this - when discussing it, act as if you expect it. Make sure it's included in the signed offer letter and phrased as continoise service, not just the extra holidays etc but that you are back as if you took a leave of absence. best of luck!

tenchi-fan

micdug wrote: »

FFS ignore any of the previous. If they asked you back demand that all your previous service is counted. Might not mean anything now but in 10/20 years it could mean the difference between early retirement or not. Most companies won't blink an eye to this request if they are asking you to come back. Don't negotiate on this - when discussing it, act as if you expect it. Make sure it's included in the signed offer letter and phrased as continoise service, not just the extra holidays etc but that you are back as if you took a leave of absence. best of luck!

Ignore the previous, and take your advice which repeated what I said? :rolleyes:

tenchi-fan wrote: »

Alternatively, just ask for enough money to compensate you for the loss of certain rights regarding continuous service. You could also negotiate 2 days extra annual leave, finish at 4pm on Fridays, ask them to pay for a course for you, etc.

Mr. Loverman

micdug wrote: »

FFS ignore any of the previous. If they asked you back demand that all your previous service is counted. Might not mean anything now but in 10/20 years it could mean the difference between early retirement or not. Most companies won't blink an eye to this request if they are asking you to come back. Don't negotiate on this - when discussing it, act as if you expect it. Make sure it's included in the signed offer letter and phrased as continoise service, not just the extra holidays etc but that you are back as if you took a leave of absence. best of luck!

I know someone who was recently in the OP's situation. After taking the new job (in the company they just left) they were treated like a new employee.

Being aggressive/demanding doesn't always work in the corporate world.