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March 29 2024 11.55am

Any employment law experts?

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View npn's Profile npn Flag Crowborough 15 Jun 16 11.42am Send a Private Message to npn Add npn as a friend

Oh wise people of HOL, are any of you employment law experts by any chance?

A (hopefully) simple question for you:

In October I was placed at risk of redundancy.
In November it was confirmed that my role would as feared be moving and I would therefore be made redundant, but not until July this year, when I would be placed on "displacement leave" until the end of September, when employment would finally cease.
Today, out of the blue, they tell me they've finally realised what I do and they can't lose me, so they are withdrawing the redundancy offer.

Question is, can they unilaterally do that? I had my three months in the summer all planned out, followed by some retraining, a job change, and a bright new future. Now I have to bite my tongue and stay here or, probably, find a new job and quit and get nothing.

Anyone know if they can legally change their mind after the offer is out?

 

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View jimruss's Profile jimruss Flag Sidcup 15 Jun 16 11.50am Send a Private Message to jimruss Add jimruss as a friend

Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out his or her notice period. If the employer subsequently wishes to withdraw the notice because of a change in business or economic circumstances, the express consent of the employee is needed.

That said, s.141 of the Employment Rights Act 1996, provides that an employee who is dismissed by reason of redundancy loses the right to a statutory redundancy payment if he or she unreasonably refuses an offer of suitable alternative employment. The offer must be made before the end of the employee's employment under the previous contract and must take effect either immediately on the end of the employment under the previous contract or after an interval of not more than four weeks. The employment must either be on the same terms and conditions as the previous contract or be suitable alternative employment in relation to the employee.

If, after notice of redundancy has been issued, the employer makes an offer to the employee of his or her old job back on the same terms and conditions of employment, but the employee turns it down, the employer can then seek to argue that no statutory redundancy payment is due because the employee has unreasonably refused an offer of suitable alternative employment. The suitability of an offer of alternative employment is an objective matter for assessment, whereas the issue of the reasonableness of an employee's refusal has to be assessed on an individual basis by reference to the employee's personal circumstances. If, for example, during the notice period the employee has already secured alternative employment, it is likely that an employment tribunal will hold that the employee's refusal was reasonable in the circumstances. On the other hand, refusing to accept a job back simply to obtain a redundancy payment is likely to be deemed to be unreasonable.

By the way, this is copied and pasted from another website, this isn't me trying to make out I know all about it

Edited by jimruss (15 Jun 2016 11.53am)

 

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View npn's Profile npn Flag Crowborough 15 Jun 16 12.22pm Send a Private Message to npn Add npn as a friend

Thanks Jim.
Sounds like they may have me by the short and curlies (given that securing the redundancy payment is the only reason I'm turning it down - well, than and the 3 months gardening leave).

B@stards!

Now just have to find a way to explain it to the good lady

 

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