Redundancy revoked after finding a new job?

finnis

There's some useful info here:

http://www.netlawman.co.uk/info/redundancy-alternative-employment.php

This section is particularly appropriate:

Work would normally be regarded as unsuitable if it meant changes in:
Pay;
Travelling time;
Skill requirements;
Status.

Pay is not, as some on here will have you believe, the only consideration. I would do two things, though:

a) Seek legal advice.
b) Ignore the keyboard warriors on here.

eamon

I'm with the OP on this one and posted on a similar topic a few years back. LA's should by now be well versed in managing redundancy sadly I suspect many are not. Redeployment is not the bed of roses it claims to be and it is akin to be in limbo waiting for something good or bad to happen. You shouldn't be penalising the OP for getting his/her act together and doing some forward planning. Would you be saying the same things if the OP had done nothing and instead waited for the good fairy to appear? The employer started all this its not the OP's doing.
Bear in mind the announced central gov grant cuts to LA start next April. Budget setting for 2011-2012 starts in Jan. IMHO the redeployed job is not secure after February.

mjm3346

eamon wrote: »

I'm with the OP on this one.

Did you also say

I feel emotionally raped and stressed

just because you found yourself another job thus avoiding the need to be made redundant or having to consider the current employers offer of an alternative position?

RATHBONE

Thank you for the advice and good comments from the people that matter. You have been very helpful.

I have taken action and due to the maladministration of the LA and their abhorrent disregard in finding me suitable work in the time given, they have folded their decision.

This has caused a great deal of stress but I suggest you should fight for something if it's worth fighting for.

Love to those that matter x

Pete111

getmore4less wrote: »

No the conclusion is that if you have another job it makes all alternative unsuitable even your old job with no changes(complete wihdrawal).

Get legal advice.

Not sure it works like that - a company can revoke a redundancy right up to the proposed date of termination as long as they offer a suitable alternative.

Anyway. OP congrats and hope your new job goes well.

getmore4less

Pete111 wrote: »

Not sure it works like that - a company can revoke a redundancy right up to the proposed date of termination as long as they offer a suitable alternative.

Enough people with credibility said otherwise

IF you have another job to go to they can't unilaterly withdraw and not pay even

Our HR legal advice,
ACAS
persons home insurance legal advice.
a few on here.

Even without a job some think you can still force the company to give you the money.

Pete111

getmore4less wrote: »

Enough people with credibility said otherwise

IF you have another job to go to they can't unilaterly withdraw and not pay even

Our HR legal advice,
ACAS
persons home insurance legal advice.
a few on here.

Even without a job some think you can still force the company to give you the money.

We may be at cross purposes here - let me clarify

1) A company cannot withdraw redundancy pay because an employee has found an external job that begins after the date of termination.

2) A company may have grounds to withdraw a redundancy payment if an employee refuses an offer of suitable alternative employment to take an external job. The employee wil likely be deemed to have resigned.

With point 2 the only arbiter of whether the withdrawal of a redundancy pay offer is fair would be an ET. In the OPs case two things would have stood in their favour:

a) The timing of the rescinding of the withdrawal (ie 11th hour)
but most importantly by far...
b) the fact the new role was not suitable.

If the OP's old job had been saved at the last minute instead then I strongly suspect the company would have held the line and deemed their leaving a resignation...however we will never know!

getmore4less

Pete111 wrote: »

2) A company may have grounds to withdraw a redundancy payment if an employee refuses an offer of suitable alternative employment to take an external job. The employee wil likely be deemed to have resigned.

With point 2 the only arbiter of whether the withdrawal of a redundancy pay offer is fair would be an ET. In the OPs case two things would have stood in their favour:

a) The timing of the rescinding of the withdrawal (ie 11th hour)
but most importantly by far...
b) the fact the new role was not suitable.

If the OP's old job had been saved at the last minute instead then I strongly suspect the company would have held the line and deemed their leaving a resignation...however we will never know!

The point that was made that once you have a new job, that automaticaly makes ALL alternatives even those that would normaly be suitable even your exact old job no longer suitable.

flashnazia

getmore4less wrote: »

The point that was made that once you have a new job, that automaticaly makes ALL alternatives even those that would normaly be suitable even your exact old job no longer suitable.

Thank god the law doesn't interpret it like that.

Pete111

getmore4less wrote: »

The point that was made that once you have a new job, that automaticaly makes ALL alternatives even those that would normaly be suitable even your exact old job no longer suitable.

Hmmmm. I do not believe it is the case that an automatic ruling applies as regards this situation. In fact I think the advantage lies with the employer in this scenario.

However I'm keen to understand why you think this. Can you point me towards some case law? (Genuine question - I'm in HR and need to know if this the case!)

Cheers

P