Voluntary redundancy withdrawal

sunnny123

I have just been told that my employer is withdrawing my voluntary redundancy even though my end of notice date has passed. Can they do this?

YBR

Could you elaborate?

Your employer made your role or some roles redundant and you accepted VR? Some terms were agreed between you and your employer including working a notice period? There should be some signed paperwork for this.

So you worked the notice period and have left? But now what: the role is still needed and you're deemed to have resigned or they want you back in work or haven't paid the redundancy payment agreed or what?

sunnny123

I accepted VR, my termination date was 31st August (unless there was a change in circumstances prior to this date). So I have worked the notice period and have left. Now I received a phone call yesterday stating that the VR would not go through as the employer was informed of a change in circumstances yesterday. This change did however occur before 31st August but they were not aware of it. They say they won’t pay the redundancy and want me back in employment.

Grumpy_chap

sunnny123 said:

I have just been told that my employer is withdrawing my voluntary redundancy even though my end of notice date has passed. Can they do this?

sunnny123 said:

I accepted VR, my termination date was 31st August (unless there was a change in circumstances prior to this date). So I have worked the notice period and have left. Now I received a phone call yesterday stating that the VR would not go through as the employer was informed of a change in circumstances yesterday. This change did however occur before 31st August but they were not aware of it. They say they won’t pay the redundancy and want me back in employment.

That is quite an unusual situation.

Did you sign a "Compromise Agreement" prior to leaving? 

sunnny123

Grumpy_chap said:

sunnny123 said:

I have just been told that my employer is withdrawing my voluntary redundancy even though my end of notice date has passed. Can they do this?

sunnny123 said:

I accepted VR, my termination date was 31st August (unless there was a change in circumstances prior to this date). So I have worked the notice period and have left. Now I received a phone call yesterday stating that the VR would not go through as the employer was informed of a change in circumstances yesterday. This change did however occur before 31st August but they were not aware of it. They say they won’t pay the redundancy and want me back in employment.

That is quite an unusual situation.

Did you sign a "Compromise Agreement" prior to leaving? 

No I did not

sgthammer

What "change of circumstances"?

sunnny123

sgthammer said:

What "change of circumstances"?

They no longer need a voluntary redundancy as another staff member has left employment.

saajan_12

sunnny123 said:

sgthammer said:

What "change of circumstances"?

They no longer need a voluntary redundancy as another staff member has left employment.

how did they not know about it on the day the other person resigned? If they don't have good internal communication that sounds like a athem problem. 

lincroft1710

The trouble with "voluntary redundancy" is that it is not recognised in employment legislation. Unless you are in a new job or about to start one, I would suggest you go back to work on Monday and try to negotiate a payment for the 2 weeks you have not been in employment. Also ensure these 2 weeks are not regarded as a break in service

redped

This does sound strange - the (only?) silver lining is that, if you haven't already got a new job lined up, then going back to work for them will give you employment while looking for a new job.  You know they are downsizing, and they know you were happy to leave, so it sounds like just a matter of time before you do (finally) go.

YBR

lincroft1710 said:

The trouble with "voluntary redundancy" is that it is not recognised in employment legislation. Unless you are in a new job or about to start one, I would suggest you go back to work on Monday and try to negotiate a payment for the 2 weeks you have not been in employment. Also ensure these 2 weeks are not regarded as a break in service

This, if you want to go back to the job, 

otherwise if there is a signed VR agreement then refer them to it, tell them it's too late to change their mind and they need to pay you what is owed. 

If circumstances changed and they failed to respond to it, that's their bad! They will need to recruit an new employee, a cost and time they're now trying to avoid.
ETA: if you are looking for a new job elsewhere you may need to consider what kind of reference they'll give if you do "defy" them.