Accepting a Redudnacy that is being Contested

newbieni

Hi,

I am contesting my redundancy on a number of grounds and have raised the issues approximately two weeks ago. The company has as of yet to provide me with a full response, however, today they advised that if I did not sign my severance letter by 5 pm today, the enhanced payment would be removed.

This seems a little unfair as I am contesting aspects of the letter and by signing it, I seem to be losing the right to contest and if I don't sign it, I will lose the enhanced redundancy. Surely I am entitled to a full answer from the business before signing anything.

Can anyone advise?

MattMattMattUK

newbieni said:

Hi,

I am contesting my redundancy on a number of grounds and have raised the issues approximately two weeks ago. The company has as of yet to provide me with a full response, however, today they advised that if I did not sign my severance letter by 5 pm today, the enhanced payment would be removed.

This seems a little unfair as I am contesting aspects of the letter and by signing it, I seem to be losing the right to contest and if I don't sign it, I will lose the enhanced redundancy. Surely I am entitled to a full answer from the business before signing anything.

Can anyone advise?

They can remove an enhanced offer up until the point you agree it, that is their prerogative.

What do you mean by contesting and full answer? They may take the view that they have already answered the questions are you are just stalling. 

newbieni

MattMattMattUK said:

newbieni said:

Hi,

I am contesting my redundancy on a number of grounds and have raised the issues approximately two weeks ago. The company has as of yet to provide me with a full response, however, today they advised that if I did not sign my severance letter by 5 pm today, the enhanced payment would be removed.

This seems a little unfair as I am contesting aspects of the letter and by signing it, I seem to be losing the right to contest and if I don't sign it, I will lose the enhanced redundancy. Surely I am entitled to a full answer from the business before signing anything.

Can anyone advise?

They can remove an enhanced offer up until the point you agree it, that is their prerogative.

What do you mean by contesting and full answer? They may take the view that they have already answered the questions are you are just stalling. 

I contested seven points, they have partly responded to one. All I am looking for is a full response to my questions that have been with them for several weeks.

Hoenir

 newbieni said:

This seems a little unfair as I am contesting aspects of the letter and by signing it, I seem to be losing the right to contest and if I don't sign it, I will lose the enhanced redundancy. Surely I am entitled to a full answer from the business before signing anything.

The Company may have decided not to respond to some of the points you raised. Internally they've (hopefully) followed the correct due process in determining who to make redundant. They've now no intention of changing their minds. There's nothing further to be discussed from their perspective.  You've no entitlement to detailed responses I'm afraid. 

From your perspective. It's now late in the day to seek guidance from either ACAS or an employment solicitor. The Company being within their rights to withdraw the offer made. 

No one likes making people redundant. Having had to perform this difficult task on numerous occasions.  Ultimately the business has to come first. As cutting costs is the only way to survive. Protecting the jobs of those who remain is paramount. 

MattMattMattUK

newbieni said:

MattMattMattUK said:

newbieni said:

Hi,

I am contesting my redundancy on a number of grounds and have raised the issues approximately two weeks ago. The company has as of yet to provide me with a full response, however, today they advised that if I did not sign my severance letter by 5 pm today, the enhanced payment would be removed.

This seems a little unfair as I am contesting aspects of the letter and by signing it, I seem to be losing the right to contest and if I don't sign it, I will lose the enhanced redundancy. Surely I am entitled to a full answer from the business before signing anything.

Can anyone advise?

They can remove an enhanced offer up until the point you agree it, that is their prerogative.

What do you mean by contesting and full answer? They may take the view that they have already answered the questions are you are just stalling. 

I contested seven points, they have partly responded to one. All I am looking for is a full response to my questions that have been with them for several weeks.

Do you actually mean contested? That effectively means that have made a statement and you are arguing with them when those statements would be largely irrelevant.

They put an enhanced offer on the table, you had a choice of accepting it or not, after "several weeks" they have got fed up waiting, have withdrawn the offer and you will now likely get contractual or statutory redundancy which is less.

gwynlas

If they are using a offer of enhnced payment to get you to accept then  you might as well take it as if they want you out they will manage you out anyway. Did you take professional advice on redundancy before contesting it or simply decided to try anyway? If you are approaching this as an individual you have little to no chance of getting their opinion changed, it would have been beter coming from a union or ACAS. There is no stigma in being made redundant and it should not stop you getting another role. 

LinLui

It would be incredibly helpful to people if you stuck to one thread because all these issues are interconnected.

Based on what I recall of the previous threads you may not have liked the employers behaviour, it was certainly "lacking diplomacy", but you had demonstrated no grounds upon which it was unfair in law. So you are not entitled to anything beyond compliance with the law,  and certainly not to enhanced terms for the redundancy. So if you don't sign,  you don't get it,  and you'll probably still be made redundant without the enhanced terms.

I've got a reputation for being something of an impenetrable object... i just do tend to fight even when the odds aren't good. But even i can get a heavy hint. Your employer has determined your redundancy. Sometimes it is better to accept that you shouldn't stay where you aren't wanted. This redundancy could be a great opportunity if you choose to treat it as such. 

saajan_12

They don't have to give you an enhanced payout at all. So giving it to you in certain circumstances (in this case if you sign and go away quietly) is more than they have to do.