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Redundancy and resignation issue

James_edge
James_edge Posts: 14 Forumite
edited 6 October 2015 at 4:18PM in Redundancy & redundancy planning
Posting this on behalf of a friend without internet access, this is basically what happened to him this week:
  • His position was pretty much redundant and his employer offered him and many others potential voluntary redundancy.
  • He applied for it but was turned down.
  • He then tendered his resignation and it was accepted.
  • While he was working his resignation period he received a new email offering him and many others potential voluntary redundancy.
  • He replied and requested to be considered but was told was told he was ineligible because he had already offered his resignation (due to being refused redundancy) and he shouldn't have received the email.

Does he have a case here? I don't know if they are doing anything illegal but I know it's immoral as hell!
«1

Comments

  • No. He resigned.

    Next time don't burn bridges and bide your time. I worked for a company for many years, where redundancies were handed out like Christmas bonuses. Only problem was my department was told we are not at risk. Hence no offers.
  • Ugh, it's pretty disgusting companies can get away with underhanded practices like this.
  • James_edge wrote: »
    Ugh, it's pretty disgusting companies can get away with underhanded practices like this.
    What is underhand and what is immoral?

    Voluntary redundancy is actually a settlement agreement where two parties agree to pay someone to leave, the employer asked if anyone was interested...your friend said yes but for whatever reason the employer decided against continuing it.

    Nothing immoral or underhand.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • sangie595
    sangie595 Posts: 6,092 Forumite
    What is underhand and what is immoral?

    Voluntary redundancy is actually a settlement agreement where two parties agree to pay someone to leave, the employer asked if anyone was interested...your friend said yes but for whatever reason the employer decided against continuing it.

    Nothing immoral or underhand.

    I agree. Voluntary redundancy is not a right. And to be honest, given the timing, I am guessing that the employer knew your friend was likely to leave anyway, and that was the reason for refusing it. You could argue that it is equally as immoral and underhand to claim a redundancy payment when you intend to leave anyway - and he obviously did because nobody resigns their job over being refused voluntary redundancy.
  • What is underhand and what is immoral?

    Well to use an analogy: A hot dog stand is giving away free hot dogs, 9 people queue up. after giving out 8 hot dogs they announce to the last guy that they are out of free hot dogs. Person 9 is sad he missed out and walks off. As soon as he is gone the hot dog stand announces more free hot dogs.

    Dirty and underhanded, if it was a group of people they cheated out of the redundancy they would have a defense but as it was just one guy they screwed over it kind of makes it obvious what they were doing.
  • Stevie_Palimo
    Stevie_Palimo Posts: 3,306 Forumite
    1,000 Posts Combo Breaker
    James_edge wrote: »
    Well to use an analogy: A hot dog stand is giving away free hot dogs, 9 people queue up. after giving out 8 hot dogs they announce to the last guy that they are out of free hot dogs. Person 9 is sad he missed out and walks off. As soon as he is gone the hot dog stand announces more free hot dogs.

    Dirty and underhanded, if it was a group of people they cheated out of the redundancy they would have a defense but as it was just one guy they screwed over it kind of makes it obvious what they were doing.



    What a very strange analogy against being made redundant, Companies can do what they want and if they offer somebody a redundancy package then that individual should be grateful, If the Company went bankrupt then they would get little help at all.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    James_edge wrote: »
    Dirty and underhanded, if it was a group of people they cheated out of the redundancy they would have a defense but as it was just one guy they screwed over it kind of makes it obvious what they were doing.

    Nobody was cheated out of anything. You can't be cheated out of something you don't have a right to in the first place.

    You are getting awfully agitated over something lawful and fair that happened to your friend.
  • Mersey_2
    Mersey_2 Posts: 1,679 Forumite
    It's certainly interesting, but hopefully just changed circumstances and a foolish error rather than anything fraudulent or underhand.


    The most amusing 'email sent in error' I've seen was from the CEO of a large UK law firm to one of the Partners stating that they had "to dispose of AB." Unfortunately for him AB, was the assistant to that Partner and as such read his emails. That legal sec was then assured of a job for life at the firm if she wanted it(!)


    Stevie Palimo - "companies can do what they want" - sadly a lot think this, but actually no they can't - thankfully. They have to abide by the law and if not can be sued for damages.
    Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    James_edge wrote: »
    • He replied and requested to be considered but was told was told he was ineligible because he had already offered his resignation (due to being refused redundancy) and he shouldn't have received the email.

    They could have just said no again

    backed up with "would you like to withdraw your resignation"


    Really not a smart move to resign when there are redundancies around till you see the full lay of the land.
  • James_edge wrote: »
    Well to use an analogy: A hot dog stand is giving away free hot dogs, 9 people queue up. after giving out 8 hot dogs they announce to the last guy that they are out of free hot dogs. Person 9 is sad he missed out and walks off. As soon as he is gone the hot dog stand announces more free hot dogs.

    Dirty and underhanded, if it was a group of people they cheated out of the redundancy they would have a defense but as it was just one guy they screwed over it kind of makes it obvious what they were doing.
    Its a terrible analogy. Chances are your friend is very expensive to do a settlement agreement with and others are cheaper.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
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