Am i legally redundant

harden2

Hi, I was given 12 weeks notice of redundancy by letter, this was extended by 2 weeks again by letter, meaning my leaving date was 14th May. On the 10th of May i was told verbally that my notice was being rescinded, up to the 14th May i have not received any confirmation of this. Am i now legally redundant (which i want to be) because i havent had it in writing, many thanks for your reply

getmore4less

You will need to take legal advice if you want to leave and the company are not keen to pay you off

ACAS, home legal cover are the two to start with.

There was a thread that included this sort of issue recently.

Once notice is given it needs mutual agreement to change.
So you can refuse to accept the change.

If a company then refuses to pay redundancy you may need to go to tribunal to try and get payments due.

The withdrawal of the redundancy is in effect giving you a suitable alternative(your old job back).

Having another job to go to is a good reason to refuse.

Another poster was more confident a company would pay up when pushed

What was your response to the withdrawal of the redundancy notice?.

harden2

Hi, to answer your question i accepted the fact my notice was being rescinded as i have a mortgage and 21 years service and didnt want to go without redundancy, as anyone would. Could they still send out a letter now even though the leaving date has passed.

markandkate

HI you are not legally redundant until the point at which your employment terminates unless you are not being paid which I suspect you are. If you are not being paid hten after four weeks without wages you can claim a redundancy payment.If you are still being paid then you are still employed.

harden2

markandkate wrote: »

HI you are not legally redundant until the point at which your employment terminates unless you are not being paid which I suspect you are. If you are not being paid hten after four weeks without wages you can claim a redundancy payment.If you are still being paid then you are still employed.

The outcome of this is: I received my redundancy pay on Thursday as Acas, Citizens Advice, Union and Solicitors agreed HR had made an error and it would not have stood up at a Tribunal