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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47411
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have accepted voluntary redundancy and have signed a compromise

Resolved Question:

I have accepted voluntary redundancy and have signed a compromise and settlement agreement in the presence of a solicitor who is to return to employer for signing.
However another employee in the same position as myself has just resigned and leaving for another job can my employer at this stage refuse to give me voluntary redundancy?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Had your employment actually terminated?
Customer: replied 1 year ago.

Hi Ben,

no my employment had not actually terminated we had agreed that I would have my employment terminated on the 30th Nov. 2015

Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. It is indeed possible for the employer to put a halt to the redundancy if the need to make redundancies no longer exists. You may have signed a settlement agreement but until that is signed by the employer too it is not legally binding and they can refuse to go ahead with it. As far as the law is concerned with them, they have a duty to offer you suitable alternative employment in order to try and avoid the need to make employees redundant, even if through voluntary redundancy. This duty is an ongoiung one and lasts as long as the employee is still employed by them. So someone may be working their notice period as a result of redundancy and a few days before it ends a suitable position may come up and the employer has to offer it to the employee. If the employee unreasonably rejects that then they would be classed as resigning and no longer entitled to any redundancy pay. Only if you reasonably reject it would your redundancy still stand. So for example, if you had relied on the fact you thought you were being made redundant and you found a new job which was confirmed, then that could be a reasonable reason to reject the job offered by your current employer. So you need to have a pretty good reason to refuse it and the simple fact you thought you were being made redundant would not by itself be sufficient – there has to be something major which would not allow you to take up this position. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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