redundant then otherperson resigns

charliepopkid

Please can anyone help?/
I have been made redundant(it was between me and someone else and then i was chosen. The other person has since handed in his notice??Where do i now stand and can the position be offered to me leagally??

withabix

I presume you are on notice?

Unless they cancel it, you are still being made redundant.

They can offer you the job and cancel your notice.

You aren't automatically entitled to keep your job however.

Hope they make the reight decision!!

cakey

Actually same thing happened to my friend, as long as you do exactly the same role, they have to offer it to you.

my friend got his redeundancy package, then they had to re hire him because it was within 3 months of his redundancy!

jdturk

cakey wrote: »

Actually same thing happened to my friend, as long as you do exactly the same role, they have to offer it to you.

my friend got his redeundancy package, then they had to re hire him because it was within 3 months of his redundancy!

I thought they had to be offered the job but if they took it they would lose their redundancy however if they got made redundant again they would still be on one length of continuous service?

ableandy

Have you been made redundant or are you under notice of redundancy?

Your employer has a duty to continue to seek alternative employment for you right up to the day that your employment ends. Sometimes, employers can have a change in circumstances (e.g. a new contract is gained) and they may be in a position to withdraw the redundancy notice and offer you your old job back.

Once the company has issued notice of termination (which they have in your case) they are unable to just unilaterally withdraw that notice, they have to gain your consent to do so.

In some cases, this is good news and employees will breathe a sigh of relief that they are no longer redundant, but in other cases employees may have secured new positions in other companies.

Whether you will still receive your redundancy pay if you decline the offer to renew your contact of employment will depend upon the circumstances and the reasons surrounding your refusal and how reasonable it is.

If you have a new job to go to, I would say that is a reasonable grounds to refuse the offer whilst retaining your redundancy pay.

getmore4less

cakey wrote: »

Actually same thing happened to my friend, as long as you do exactly the same role, they have to offer it to you.

my friend got his redeundancy package, then they had to re hire him because it was within 3 months of his redundancy!

There is no right to automatic employment.(even a day later)

There is the risk that the redundant employee could still make ET claim but i a case where the business requirements have changed this would be unlikely to win, some employers prefer not to take he risk.

jdturk wrote: »

I thought they had to be offered the job but if they took it they would lose their redundancy however if they got made redundant again they would still be on one length of continuous service?

They can only take the money back if it is in the terms of the redundacy payment it is not automatic.

I would be vary carefull about continuity since a break of a week is enough to break it and if the company went bust the goverment scheme may not honour it.