Voluntary redundancy removed

tori.k

Hi can anyone offer advice please
Husband department was put on notice two weeks ago we were actually on holiday when his boss and area manager phoned to tell him that the company was downsizing his department and offered him a figure if he wanted to accept voluntary redundancy and if nobody opted it would move to a consultation and mandatory redundancy will apply.

Nothing has been put in writing

Husband decided to accept the voluntary redundancy package yesterday currently he doesn't have another job but does have a couple of offers to chew over

His area manager is now saying he can't have the voluntary package as they MAY be looking to move him to another department as to many people have opted for the redundancy package in other departments they are actually now short of staff, nobody in my husband department has taken up the offer but himself.

My husbands boss is happy to stand witness of the conversation where the package was verbally offered, can they make a u turn like this when they haven't actually official offered him alternative employment but he has officially in writing excepted the redundancy package. It not a lot of money but it is the principal of the matter
Office gossip says the area manager been told to put put the brakes on things as the corporation that took over the company was ill prepared for the cost of a mass exit of employees thinking most people would stay so people are now being told there may be jobs to get out of paying those that have alternative work lined up.

IanSt

Hi, firstly sorry for the redundancies going on at your husband's work, however it does seem to me that they asked the workforce for volunteers who would be willing to accept voluntary redundancy. But that is not a guarantee that just because you volunteer that you will automatically be accepted.

getmore4less

Unless written in the terms any offer can be withdrawn right upto last day.

Can be a smart move by a company to get people looking and accepting jobs before they are formally redundant.

Can be a bit premature to go looking for work untill the details and dates are on the table.

People should hold off resigning and read up on counternotice ready to get out.

Unions and collective approach to negotiations is often best if a lot involved.


Some companies will often just pay out to avoid ET which may be an option

sangie595

IanSt wrote: »

Hi, firstly sorry for the redundancies going on at your husband's work, however it does seem to me that they asked the workforce for volunteers who would be willing to accept voluntary redundancy. But that is not a guarantee that just because you volunteer that you will automatically be accepted.

Agreed - an offer is not a contractual undertaking. Until both employee and employer have signed such an agreement it is not legally in effect. There is no right to voluntary redundancy. There is no "principle" at stake here, as he wasn't entitled to voluntary redundancy.

tori.k

I thought as much the employment rights act is quite vague basically it would depend on a tribunal views depending on how they feel that day.
We will pursue this it may not be a principal matter in law, but it's very much principal in fair and just practice.
We all have to stand for something or fall for everything after all
Many thanks for your time

sangie595

tori.k wrote: »

I thought as much the employment rights act is quite vague basically it would depend on a tribunal views depending on how they feel that day.
We will pursue this it may not be a principal matter in law, but it's very much principal in fair and just practice.
We all have to stand for something or fall for everything after all
Many thanks for your time

It isn't in the Employment Rights Act! Which would explain why you are finding it "vague". Voluntary redundancy is not redundancy - in law. It is a mutually agreed termination of contract; and until it is "mutually agreed" in writing then it doesn't exist. An offer is not a contract. So no, it wouldn't depend on what a tribunals views were on any day - they have no jurisdiction at all until or unless there is a written contract in place.

Getmore4less's comments apply to compulsory redundancy, not voluntary redundancy. They are not applicable in this situation. Basically, the terms of a voluntary redundancy can be anything that the two parties agree them to be.

Undervalued

tori.k wrote: »

I thought as much the employment rights act is quite vague basically it would depend on a tribunal views depending on how they feel that day.
We will pursue this it may not be a principal matter in law, but it's very much principal in fair and just practice.
We all have to stand for something or fall for everything after all
Many thanks for your time

Sangie beat me to it but please read and digest his / her advice above.

"Voluntary redundancy" may be a commonly used term, which is unfortunate as there is legally no such thing! If you are genuinely redundant then you have no say in the matter. Providing the employer pays you the correct statutory redundancy money and notice pay you have no further entitlement or redress.

Anything else, as Sangie has intimated, regardless of what it is called is a mutually agreed termination. The terms are whatever has been agreed and either party can walk away right up to the moment of agreement.

Based on what you have posted here you have no case whatsoever.

tori.k

Well conclusion to this has been with questioning the way the whole affair has been handled to head office, after a phone call to all parties involved with the telephone conversation offering redundancy, that they have agreed to honor the offer, paperwork has now been sent.
It may have been a moral issue rather than a legal one, but is worth chasing up.