Redundancy Retraction

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    Doctorbob Doctorbob is offline Junior Member
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    Default Redundancy Retraction

    Hi,

    I'd like some advice, please. Sorry if the following is a bit long-winded. I've tried to condense the information as much as I could.

    Firstly, here's the background:

    Near the end of June last year I was called into the office of my managers' manager, where he verbally informed me that my role was one of a few being made redundant, due to restructuring and also for economic reasons. I was not given anything in writing at that point.

    I was then asked if I'd remain with the company whilst another employee went on maternity leave. When I asked what my role would be, I was told that they couldn't immediately give me an answer. Therefore I asked for a letter that would list my responsibilities during the maternity cover, and that would also show my option for taking redundancy. Both my manager and his manager verbally agreed that they would provide me with such a letter.
    I made it clear to both my manager and his manager that I could not accept any offer until I had received clarification in writing.

    Since then, I have continued to work for the company whilst I waited for the written offer, fulfilling virtually the same role as the one that was made redundant, however I had not been provided with anything in writing at all, despite me reminding my manager on more than one occasion.

    Eventually, just before Christmas my manager presented me with a letter which merely stated a job title (which did not reflect the work that I was and am still doing) and a start date and end date which reflected the maternity cover dates, which he asked me to sign.
    As the letter gave no information regarding my responsibilities and did not reflect the role I was doing, I politely refused to sign it. My manger accepted my refusal, and said he'd need to arrange a meeting for him, me and HR to discuss the situation. I accepted this as being suitable. No meeting has occurred since then.

    Today my manager informed me that as a result of someone else leaving a different department within the company they could now retain me permanently. I was told that I'd be carrying on with the same responsibilities that I have been doing both prior to and after being informed of my role becoming redundant.
    I asked if it would still be possible to take the redundancy, and was told that it was not possible for me to do so as the redundancy had been retracted.

    Due to the shoddy way that I feel I've been treated, combined with the generally poor way the company seems to treat their staff these days, I've decided that taking the redundancy would be my preferred option, if it's possible to do so.

    Here's what I'm hoping for some advice on, please:

    Given that I was verbally made redundant in June last year, and I have not accepted either a new full time role nor the maternity cover role, either verbally or in writing, can my employer retract the redundancy?

    Does the fact that I'm still working there for such a long time after the initial redundancy notification might make my case weaker, or even non-existent?

    Are they allowed to offer me the same role (albeit with some minor changes) as the one they told me was being made redundant last year?

    Any and all advice gratefully received. Thanks in advance.

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    face2facehr face2facehr is offline user
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    They haven't behaved well at all, I agree. It sounds as though they probably didn't consult with you properly, make anything clear or put things in writing as they should have done.

    However the bottom line is you are and have always been doing a job that is suitable for your skills and experience and have now had it confirmed that there is a permanent job available for you that is suitable for your skills and experience, meaning there is no need to make you redundant.

    Your employer is obliged to try and find suitable alternative employment where possible if your own role is redundant. They have done this, even though they've handled it badly. Regardless of how badly they've handled the situation, if you are at risk of redundancy and refuse to accept an alternative position which is suitable for you, you forfeit your right to redundancy pay and would have to resign.

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    Doctorbob Doctorbob is offline Junior Member
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    Thanks for the information. I appreciate it.


 
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