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Ask Alice H Your Own Question
Alice H
Alice H, Solicitor Advocate
Category: Employment Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
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I accepted voluntary redundancy then changed my mind and

Customer Question

I accepted voluntary redundancy then changed my mind and now want to take this can I do this ?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Alice H replied 3 years ago.

Alex H :

My name is Alex Hughes and I'm happy to help with your question today.

JACUSTOMER-co5ecayo- :

thanks alex

JACUSTOMER-co5ecayo- :

can u help

JACUSTOMER-co5ecayo- :

i signed the form 14.02.2014

Alex H :

There is no automatic right to take voluntary redundancy when you have previously changed your mind about this. You can make a request to your employer but the final decision is now up to them.

JACUSTOMER-co5ecayo- :

even though i signed the form and they accepted it?

JACUSTOMER-co5ecayo- :

i havent had an acceptance in writting just verbally

JACUSTOMER-co5ecayo- :

i mean the retraction

Alex H :

Did your employer agree to withdraw the offer of voluntary redundancy when you changed your mind?

JACUSTOMER-co5ecayo- :

yes but only verbally

JACUSTOMER-co5ecayo- :

and i have had nothing in writting

JACUSTOMER-co5ecayo- :

i do have the offer letter in writing

Alex H :

As a matter of law, it makes little difference whether they agreed the retraction in writing or verbally.

JACUSTOMER-co5ecayo- :

oh dear so iam stuck i can only rely on goodwill

Alex H :

If they verbally agreed to retract then you have to tell them you have changed your mind and wish to accept VR. They may or may not agree.

JACUSTOMER-co5ecayo- :

ok i will put this in writting to them - i hope my health can take this

Alex H :

Yes, I'm afraid its now really down to your employer.

JACUSTOMER-co5ecayo- :

ok well i have a compulsory notification in june

Alex H :

Can I assist any further?

JACUSTOMER-co5ecayo- :

can i leave any earlier than that

JACUSTOMER-co5ecayo- :

ok well i have a compulsory notification in june

can i leave any earlier than that

JACUSTOMER-co5ecayo- :

?

JACUSTOMER-co5ecayo- :

can i ask them to bring that leave date forward

Alex H :

If you want to leave earlier you should ask your employer if they will pay in lieu of notice. Otherwise you can resign and work your normal notice period.

JACUSTOMER-co5ecayo- :

cant afford to give up my redundancy package . so i would be prepared to give up pay in lieu of notice

JACUSTOMER-co5ecayo- :

can i do that

JACUSTOMER-co5ecayo- :

my normal notice period is 12 weeks

JACUSTOMER-co5ecayo- :

?

Alex H :

It depends on two things: your employment contract and whether your employer will accept this proposal. The best thing is to discuss these proposals with your employer. It really is a matter of negotiation - there is no automatic right.

JACUSTOMER-co5ecayo- :

oh ok i have a nasty feeling i could end up with no redundancy and no job!

Alex H :

Can I make a suggestion? You seem to be at a complicated crossroads and need someone to look at your situation carefully. It would be worthwhile paying for a one hour consultation with an employment law solicitor.

JACUSTOMER-co5ecayo- :

ok how do i do that who would you recommend

Alex H :

Where are you based?

JACUSTOMER-co5ecayo- :

bournemouth

Alex H :

I would recommend this lady: http://www.levenesemployment.co.uk/people/victoria-willson.html - she's a little far from where you are but is excellent in this area of law.

JACUSTOMER-co5ecayo- :

thank you

Expert:  Alice H replied 3 years ago.
No problem. Thanks for your custom. Alex