Can settlement offer be rescinded?

Mackle

Hi all,


A number of people where I work have been offered tripartite settlement agreements in lieu of TUPE to a new organization.


But a few people who have not yet returned their agreements (deadline for agreement to be returned is another month away) have informally been told that due to teething problems that the new service provider is having, there may be a business need to rescind the settlement, and either extend their employment with our existing employer for a couple of months, or have TUPE to the new provider on the previous agreed exit date.


Surely if the settlement is offered and a date is set for the agreement to be returned by, then it's too late for either existing employer or new provider to mess people around?

Undervalued

it can be rescinded at any time before signing.

A company has a duty not to make an employee redundant unless they genuinely are. Therefore, technically, there is no such thing as voluntary redundancy despite the fact that term is commonly used. What is actually being offered is a mutually agreed termination with the key word being mutual. Either party can duck out right up until it is signed and lay down whatever conditions they like. If they cannot mutually agree then it reverts to the legal default provisions.