Made redundant, then asked to stay

roysterer

Take the redundancy in full, Tell the boss to give you a ring if a position comes up in the near future. Take a few weeks holiday, if they want you back the phone will surely ring. If it does'nt then you know that you have not been stiched up. Employers these days are not to be trusted, not one little bit!!!!!

brightonman123

if notice given ad served, tell em to stuff it. she got what was entitled to..?

take the FULL whack, and ask for a RAISE, before going back.

getmore4less

brightonman123 wrote: »

if notice given ad served, tell em to stuff it. she got what was entitled to..?

take the FULL whack, and ask for a RAISE, before going back.

They can still withdraw the redundancy upto the last day.

GEEGEE8

How much redundancy would she have to pay back compared with how long it would take to earn that money if she carried on working for them?

tallrider

They can still withdraw the redundancy upto the last day.

No they can't once you've given someone notice of redundancy they cannot retract that notice, they can try and offer you an alternative, but it's up to you whether to accept or reject!

zzzLazyDaisy

tallrider wrote: »

No they can't once you've given someone notice of redundancy they cannot retract that notice, they can try and offer you an alternative, but it's up to you whether to accept or reject!

No this is not correct. They can withdraw the redundancy up to the last day IF the job is no longer redundant for some reason (lets say they get a big order and so need the staff who were formerly to be made redundant).

In certain situations, they can also offer alternative work, which, if deemed to be a 'suitable alternative' can be used to avoid paying the redundancy payment if the employee refuses to accept it. That is a legal scenario, which is too complex to go into here, but I just wanted to point out that the situation may not always be as simple as the previous poster suggested.

getmore4less

tallrider wrote: »

No they can't once you've given someone notice of redundancy they cannot retract that notice, they can try and offer you an alternative, but it's up to you whether to accept or reject!

This is not correct, found out the hard way last year
(confirmed by ACAS and independant legal advice).

Redundancy can be withdawn right up to the last day.

The notice can still stand if you still want to leave since this requires mutual agreement to be withdrawn.

You could go to a ET to try and get paid the redundancy if that has been withdrawn.
If you have got another job this is very likely succeed so an employer would be wise to check before withdrawing any redundancy.
Without another job a claim is likely to fail.

Suitable alternatives are a different senario.

tallrider

Both are incorrect, Getmore4less you seem to agree with me yet state I am wrong!?!?

Once you have given someone notice, i.e. after consultation you CANNOT retract the notice - therefore you are going to be dismissed by reason of redundancy! Of course the company can decide not to pay you it, but if you take them to tribunal you will win, as you are entitled to the redundancy!

The only way they can get away with not paying redundancy is to mutually agree to retract.

(confirmed by myself)

tallrider

And the legal context that lazy daisy is refering to is whether or not someone reasonably refused an offer of suitable employment, very subjective, and ultimatly you could just argue because you've been given notice, you were set to leave, you have alternative plans an your refusing the offer of suitable employment. I dont think that would be unreasonable?? Do you?

Anyway too complex for the question, still the situation remains, you cannot recind notice unless they mutually agree, the redundancy pay will be payable if the employee doesn't reasonably refuse an offer of suitable employment.

maginot

If a position is no longer needed to be made redundant, then yes redundancy can be withdrawn up until the last day. Whether or not the other person agrees or not. They are still free to leave or they can continue doing their original job. This is an unfair aspect of reduandancy and has often come about when someone has agreed redundancy but then someone else within the business leaves anyway and so that person is not needed to be made redundant.