i applied for voluntary rendundancy & now i am being shafted right infront of my face

Hi guys

I need some advice because right now i am being cheated big time and i dont know whether i have a leg to stand. My employer went through a consultation process, which closed in April 2009 for people to apply for voluntary redundancy to avoid compulsory ones. However after much thought, they allowed me to make a last minute application in June 18th. I was not selected I chose to go. I requested my finish date to be November 2009. However they said they could only keep me till September 2009. (I have been working with the company for 6 years). My notice period is 1 week for every year served.

Anyhow, I signed the voluntary redundancy contract on 19th June 2009. Now I am still working there, now on the 16th July 2009 they have now offered a new severance package, which is double the benefits which I signed. To add insult to injury this severance package is worth £5000 more that I am currently scheduled to get.

Now employees who applied for unpaid leave or sabbatical leave are eligible for this new package with the contracts they have signed. However, people who have applied for voluntary redundancy and have termini nation dates cannot.

I spoke to My HR department about this because there are people who have been
there for 3 years (half my time) and are now scheduled to get more money than me
when I have served 6 years! My HR department said that I am now in my notice
period so therefore I cannot apply. They are actually paying me notice in lieu. (6
weeks) at the end of September. When I asked my HR department how can I be in my
notice period of I still have 10 weeks to work. They said that my notice period started
when I signed the contract and they needed me to stay until September 2009 so they
chose my termination date. This is not true; I said to them I wanted the latest
Termination date which was September.


What is really got me upset about this whole process is that I only signed this contract a mere 27 days ago. Obviously I didn’t know this new package was coming, I am there for another 10 weeks, they didn’t even allow me to get out of the door first before offering this new package. The emotional distress is killing me.

Now I know I have gone on a bit but what I need to know from you guys is the following?

Is there a stipulation that when you sign a voluntary redundancy contract that companies cannot offer better deals within a set time frame?

I still have 10 weeks to work, AM I IN MY NOTICE PERIOD? When my notice period should be 6 weeks. (one week for every year) remember they are paying me in lieu the 6 weeks at the end of September.

I feel like such a fool and the company didn’t even have the decency to let me get out the door first before offering this new deal. They are doing it right in front of my face and other employees too and I feel like such a fool!

Do I have a case anyone?

Or because I have signed the contract I do not have a leg to stand on.

When I asked HR about reversing the contract, they said they wouldn’t do that and it would only be up to my manager to do it which he wont because the company is going through a cost saving exercise

There is no union at my employer, but this is blatantly not fair to employees who made a sacrifice in the first stage.

Please help!

it was only 27 days ago that i signed, does this matter?

Hi

Thank you for your question.

From an organizational perspective, offering voluntary redundancy can help the downsizing process but it can also create issues for morale particularly when this sort of situation occurs.

I'm not able to comment on why your employer has decided to now offer a greater financial incentive to employees to take voluntary redundancy, however, this be to increase the interest and in turn increase the dismissals. Unfortunately this is alot more that you have agreed as your package.

You are now under formal notice of redundancy which is why your employment is unable to retract/change this offer. There is no legal requirement to allow the employee to retract their application once they have been issued with formal notice of termination unless your redundnacy agreement/policy allows otherwise.

Your employer isn't referring to your statutory notice period. You are under notice of redundancy if the process is finalised and date of termination has been issued.

A change to your offer would be at the discretion of your employer I'm afraid.

I'm sorry if this isn't the answer you were perhaps hoping for.

Do return if you require any further advice.

Response from questioner: