Voluntary Redundancy and future employment at same firm

My wife has been offered voluntary redundancy at a well known high street company. In the guidance notes there is a paragraph stating that the employee or may not be employed at the firm in future if voluntary redundancy is accepted.
I can't find anywhere online that says this is the law and it seems a bit unfair to me as she might want to work there in the future.

Are they allowed to say this? 

Comments

  • getmore4less
    getmore4less Posts: 46,882
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    They can put any conditions they like on a mutual agreement to terminate employment.

    There are no laws that say you have to employ people.

    employees could ask for that clause to be removed or modified with for example a time limit and/or geographical restrictions.
    (but even then they can just not re-employ people) 


  • mcooke999
    mcooke999 Posts: 196
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    Thanks for that
    Any idea why they'd put this type of clause in? It doesn't make any sense to me if it's intended as meaning forever.
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    The clause is generic. There'll be certain individuals that they won't wish to re-employ under any circumstances. I'm assuming that the total number of job losses is sizable. 
  • getmore4less
    getmore4less Posts: 46,882
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    If the policy is not to take back people that have taken VR best it is known so people can make an informed choice. 
  • Am I the only person not surprised that they may not want to take back somebody they've already paid VR to?
  • Comms69
    Comms69 Posts: 14,229
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    Genuine question OP - assuming this clause wasnt in the agreement. Do you think there is some kind of 'right' to be re-employed?
  • mcooke999
    mcooke999 Posts: 196
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    edited 6 November 2020 at 7:32AM
    Comms69 said:
    Genuine question OP - assuming this clause wasnt in the agreement. Do you think there is some kind of 'right' to be re-employed?
    Not at all.

    But I don't see the logic in preventing someone from ever working from the company again. I could understand why they'd not want someone taking VR and then applying for a job with them soon after, i.e with a time restriction of say 12 months or 3 years or whatever.

    In my wife's case she is actually also on maternity leave at the moment so this took us by surprise a bit... They're asking a woman on maternity leave to decide if she wants VR but also whether she ever wants to apply for a job at that company ever again!
  • Comms69
    Comms69 Posts: 14,229
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    mcooke999 said:
    Comms69 said:
    Genuine question OP - assuming this clause wasnt in the agreement. Do you think there is some kind of 'right' to be re-employed?
    Not at all.

    But I don't see the logic in preventing someone from ever working from the company again. I could understand why they'd not want someone taking VR and then applying for a job with them soon after, i.e with a time restriction of say 12 months or 3 years or whatever.

    In my wife's case she is actually also on maternity leave at the moment so this took us by surprise a bit... They're asking a woman on maternity leave to decide if she wants VR but also whether she ever wants to apply for a job at that company ever again!
    Well yes. I understand what you're saying. 

    But ultimately pregnancy doesnt make someone incapable of making a decision. But glad we cleared it up :)
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    mcooke999 said:
    Comms69 said:
    Genuine question OP - assuming this clause wasnt in the agreement. Do you think there is some kind of 'right' to be re-employed?

    But I don't see the logic in preventing someone from ever working from the company again.
    The employees general work performance, attitude perhaps.  People are people. Know their rights and play the system. 
  • k12479
    k12479 Posts: 701
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    mcooke999 said:
    ...paragraph stating that the employee [or] may not be employed at the firm in future if voluntary redundancy is accepted. 
    Does the section actually say they cannot work for the company again? The wording above is a little ambiguous. 'Shall not' or 'will not' would be clearer, 'may not' could be read as a warning that it might rule out the possibility rather than actually prohibiting it.

    Regardless, it'd probably get forgotten about and disregarded after long enough or if it suits the company.
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