How Binding is a Voluntary Redundancy Offer?

Riggsy1367

Hi all. Advice if possible please. My previous company was taken over last year and we got treated very badly. I was wondering if what they did was legal?

This is a timeline of how events happened. I have amended company names for now...
When it was announced earlier this year that CCC were to buy AAA from CCC there was immediate talk of redundancies and uncertainty as to what the future would bring. The sensible option at this point was to start looking for another job. As more details slowly emerged it became clear that my position as a seconded safety instructor would be terminated but my cabin crew role would be secure. However as I enjoyed the training element I continued to look for positions elsewhere.
On April 30th this year we received an information pack highlighting three options available to us, with a fourth option tucked away at the end. Option 1 was to join BBB’s newest division as a junior member with a basic salary of £12,000 per year plus an incentive of £10,000 taxable, payable in two lump sums. As a 15 year length of service senior member this was not an option as it would mean a 50% pay cut with little chance of promotion for at least three years. Option 2 offered the opportunity to apply for current vacancies within BBB with the caveat that “…priority for vacancies will be given to those at risk of redundancy.” and would involve BBB’s usual recruitment processes. Option 3 was voluntary redundancy (VR). This offered double the statutory redundancy payment and would be based on AAA’s terms and conditions. We were asked to indicate our interest by May 18th and told that anyone leaving under this option would “…leave the business no later than October 31, 2012.” This option was contained in eleven lines over two paragraphs. The final choice was not even given a number and appeared to have just been tagged on at the end. This concerned a TUPE across to BBB’s short operation, but contained very little information. We were expected to make our decisions in just over two weeks with insufficient detail from which to make up our minds.
On May 16th, this deadline was extended by one week to May 25th.
Having expressed my interest in the VR option a meeting was arranged between myself and a member of the management team, on June 20th. At this meeting it was confirmed that, should I take VR, my payment would be £14,442.18, that he was able to authorise this VR and that my last working day would be “…approx. Oct. 12 or earlier…”. This was confirmed on paper and signed by myself and him.
A few days later I was offered a new position at DDD based in Hampshire. Before accepting this job I sent an email to him to ask how much notice I would need to give AAA. He replied that if I handed in my notice before the end of the consultation period I would not be eligible for VR; in effect that I should wait until July 13th before doing so. Having received this email I accepted the DDD offer explaining that I would have to wait to hand in my notice at AAA but would be available approximately four weeks after that.
I prepared my letter of resignation and waited for July 13th.
On July 10th, at 4.20pm, I received a phone call from Mrs GE at AAA saying that I had to give my decision as to whether I would be taking VR by 3pm the next day! I explained that I understood I had to wait until July 13th but was told they needed to know tomorrow. I told her I would be taking VR and would come to the office to hand in my resignation and to set my last working day. Mrs GE then informed me that anyone taking VR would have to stay until October 31st, at the time almost sixteen weeks away!
In option 3 it was stated that VR would be based on AAA’s terms and conditions. In an earlier restructuring, when CCC were the owners, staff taking VR were permitted to leave at very short notice, sometimes as little as one week. This is what I had expected now as a precedent had been set.
On July 11th I had an informal meeting with Mrs AJ, General Manager AAA. She was already aware of my displeasure. Amy stated that BBB insisted I stay until October 31st as I was “…important to the operation…” Mrs AJ claimed I had misunderstood the part concerning an earlier leaving date but felt I had been misled. I pointed out to Amy that I had no duties until at least September and she said that could have a bearing. On publication of September’s roster I found that I had only one day of duty. On further investigation eight other members who had expressed an interest in VR were under the impression that they could leave earlier.

Having told DDD when I would be available I was reluctant to change this and who could expect a company to wait four months for a new employee?
Throughout this whole process I have felt that BBB kept moving the goalposts. They have let crew on maternity leave go already taking VR (not sure about paternity leave but would be interested to find out) and also those on long-term sick leave. Basically, if it suits them they let you go! It is not as though the money was to be frittered away on luxuries. It was to clear debts and increase the equity on my house and to have that snatched away when it was near is devastating.
I do hope that you can publish this as I think the public has a right to know how big companies such as BBB treat the little man that works for them. I hope that the European Commission bears this in mind when BBB's owner next comes knocking on their door for takeover approval.

As I said any advice greatly appreciated.

R:mad::mad::mad::mad:

getmore4less

From what you said(there is a lot of fluff) it looks like you were still negotiating and no notice or termination date was ever agreed..

VR is just a mutualy agreed termination looks like you never agreed anything.

Lots of assumptions but no agreement.