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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45342
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've been called into a one to one meeting at work as the company

Resolved Question:

I've been called into a one to one meeting at work as the company is restructuring. However the options that were proposed to me it seems we're not the correct ones, they were for the staff that were loosing there positions, it now seems the redundancy that I was offered is off the cards. My colleagues have been told if they don't accept the position they are offered there are no more available and would have to leave the company without any payoff,or job offers in another department. I have a copy of the offers made to me originally with a 45 day consultation period is this copy of the formal meeting signed by myself and the store manager legally binding.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me were you offered a redundancy package at the meting and is what you signed up for please.

Customer: Yes I was offered 5 options one of them being redundancy with a 45 day consultation period,I was given a booklet and shown how to roughly work out my redundancy package. I signed this form along with the manager. However it now seems that I was offered the wrong package this was for people whose positions were going. It so happens mine is staying,but being restructured and if I don't accept it I won't have a job at all or any payoff. Is the first meeting legally binding ?
Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Customer: Thanks Ben, I'd like to add I have a signed copy of the first meeting, I look forward to your reply , thanks Julie
Ben Jones :

Hi Julie, thanks for your patience. If you are facing a redundancy situation then your employer has a duty to offer you any suitable alternative employment which exists at the time so that if it is suitable and accepted by you, then you avoid redundancy. If you had accepted a specific job offer then you could argue that you were given a formal offer which you accepted and in turn it created a binding contract, so you can expect the employer to honour this and allow you to move to that job. However, you cannot argue that if you had simply been discussing your options and accepted that these are the possible solutions without having formally accepted a specific offer. Even if you had accepted redundancy as the option the employer has a duty to try and offer you suitable alternative employment all the way up to the time you are made redundant. So let’s say you had opted for redundancy at the meeting but the employer then found out that they had suitable alternative positions, including placing you back in your old post – if you unreasonably refuse any of these you would be considered as resigning and will lose out on redundancy. So you could be placed back into your old post or given another suitable position at any time before you leave your job and would be expected to take that otherwise you could be giving u the option of redundancy and get no redundancy pay.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer: Hi Ben,, thanks for that, you've said pretty much what I expected, at least I have that knowledge when I have my next meeting.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45342
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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