Redundancy revoked after accepting new job

Options
Hi,

Can anyone help please?

I was informed I was at risk of redundancy and currently in consultation. I have received my formal letter of redundancy dated 20th, I actually received it on the 23rd and was due to sign a waiver on the same day, I have also been for interviews and have been offered a new job with another company on quiet a lot more money which is due to start 5 days after the consultation ends. I have now been told that I am no longer at risk because another member of the team that was not at risk has applied for and been given another role in the company and therefore I am next in the pool.

This is having a huge impact on both my personal and financial life and I'm not sure whether this is right or not or if there is anything I can do.
The meeting I have had so far with HR is that I can leave or stay effectively but either way I loo longer being made redundant.

Is this something I can take to acas or a tribunal?

Thanks

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Options
    It all seems fine.

    If you want to go to your new job then you can, or if not, you could stay.

    It's good to have options.
  • El_Torro
    El_Torro Posts: 1,463 Forumite
    First Anniversary Name Dropper First Post
    Options
    Aivas wrote: »
    Is this something I can take to acas or a tribunal?


    For what exactly? What do you want the outcome to be?


    If you want to force your current employer to make you redundantI don't think that's going to be possible.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Options
    Big mistake not reading up about what happens if you get a job before the termination date.

    Second mistake letting the employer know too soon.

    There is an option called counter notice which may have been available.

    Redundancy can be withdrawn right upto the termination date.
  • ssparks2003
    ssparks2003 Posts: 809 Forumite
    First Anniversary First Post Name Dropper
    Options
    You want to go to tribunal for keeping your job, that's not going to get far is it. Decided which job you want and enjoy life.
  • Kynthia
    Kynthia Posts: 5,668 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Your job is no longer at risk and you aren't being made redundant. Legally that's considered a good thing. So you can stay or if you want to leave in order to start the other job tgen you'll need to resign.
    Don't listen to me, I'm no expert!
  • lulu650
    lulu650 Posts: 1,158 Forumite
    Name Dropper First Anniversary First Post
    Options
    Aivas wrote: »
    .......I was informed I was at risk of redundancy and currently in consultation..........I have also been offered a new job with another company on quiet a lot more money which is due to start 5 days after the consultation ends.......I have now been told that I am no longer at risk........

    Is this something I can take to acas or a tribunal?
    As others have said, the company have acted correctly. You now need to find out whether you will be able to give sufficient notice in order to start the new job.
    Saving money right, left and centre
  • Peelerfart
    Peelerfart Posts: 2,177 Forumite
    First Anniversary Combo Breaker First Post
    Options
    Have to agree with the posters above. You have a job for which you are paid. You also have another job offer.

    The course you take is yours but redundancy seems to be off the table.

    A bitter pill, we know.
    Space available for rent
  • TELLIT01
    TELLIT01 Posts: 16,479 Forumite
    First Anniversary First Post Name Dropper PPI Party Pooper
    Options
    Roles are made redundant, not people, although at the end of the day it is an individual who ends up unemployed. In the case of the OP, the role he occupied is no longer redundant for the reason given in that first post.
    The OP now has to make a decision whether to take an alternative, better paid role, or to remain where they are with the possibility of redundancy in the future.
    Annoying as it is to see a potentially large sum of redundancy money disappear there is nothing the OP can do to change that.
  • DaveZero
    DaveZero Posts: 9 Forumite
    First Post Combo Breaker First Anniversary
    Options
    Surely to withdraw redundancy notice that would be a retraction of notice on a contract?

    Reckon that would mean individual circumstances dictate the outcome.

    XpertHR website says (my emphasis n bold type):

    Is it possible for an employer to withdraw notice of redundancy?
    Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out his or her notice period. If the employer subsequently wishes to withdraw the notice because of a change in business or economic circumstances, the express consent of the employee is needed.

    That said, s.141 of the Employment Rights Act 1996, provides that an employee who is dismissed by reason of redundancy loses the right to a statutory redundancy payment if he or she unreasonably refuses an offer of suitable alternative employment. The offer must be made before the end of the employee's employment under the previous contract and must take effect either immediately on the end of the employment under the previous contract or after an interval of not more than four weeks. The employment must either be on the same terms and conditions as the previous contract or be suitable alternative employment in relation to the employee.

    If, after notice of redundancy has been issued, the employer makes an offer to the employee of his or her old job back on the same terms and conditions of employment, but the employee turns it down, the employer can then seek to argue that no statutory redundancy payment is due because the employee has unreasonably refused an offer of suitable alternative employment. The suitability of an offer of alternative employment is an objective matter for assessment, whereas the issue of the reasonableness of an employee's refusal has to be assessed on an individual basis by reference to the employee's personal circumstances. If, for example, during the notice period the employee has already secured alternative employment, it is likely that an employment tribunal will hold that the employee's refusal was reasonable in the circumstances. On the other hand, refusing to accept a job back simply to obtain a redundancy payment is likely to be deemed to be unreasonable.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    Options
    Surely to withdraw redundancy notice that would be a retraction of notice on a contract?

    When you simplify the legislation

    it boils down to 2 components
    1. notice
    That needs mutual agreement to change, so you can still leave on the date you were given.
    The notice is not being retracted, that needs mutual agreement only the requirement to pay redundancy as there is not longer a redundancy as a suitable alternative has been offered .


    2. redundancy payment
    That is the more complicated bit. If the job is suitable then you need good reason to refuse the offer and leave with a redundancy payment.

    Even having a job to go to may not be enough if it is not as good as the one on offer.

    Failing to tell the employer you have a job to go to and then refusing could go against you at a tribunal, careful timing is needed for counter notice situations where you want to secure your payment employers can reject a counter notice.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards