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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I accepted voluntary redundancy and within 3 weeks changed my mind .Do I have the right t

Resolved Question:

I accepted voluntary redundancy and within 3 weeks changed my mind .Do I have the right to my job ?
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. How long have you worked there?
Customer: replied 1 year ago.

!2 years , of which 9 years as Branch Manager ( Bank )

Expert:  Ben Jones replied 1 year ago.
Were you issued with formal notice of redundancy?
Customer: replied 1 year ago.

Yes , serving "notice" end date 22nd December 2015

Expert:  Ben Jones replied 1 year ago.
If you have agreed to accept VR and you have been served with notice of redundancy, then rescinding that decision and remaining in your job is now down to your employer. You can only overturn your decision with their consent. If they wanted to they could stick to the original agreement and let you work until the end of your notice period when your employment would terminate. So the fact that you have changed your mind does not mean that you can be allowed back into your job and it will only happen if the employer agrees to it. So you will have to ask them and hope they say yes. If they do not, then I am afraid your employment could still terminate on your nominated termination date. 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
Customer: replied 1 year ago.

Thanks noted .

However , is it legally right that the employer can advertise this position ?

Expert:  Ben Jones replied 1 year ago.
If it will be vacated by you and it is available after that then yes they can
Customer: replied 1 year ago.

Sorry, I think I am missing something .

If they don't accept to recind to my request then the post will be vacated in Mid Dec. I am still in my position and they have already advertised the post . Is the company right to advertise whilst I am still working ?

Expert:  Ben Jones replied 1 year ago.
Hi what you have to bear in mind is that they know you will be vacating the post in Dec so they can start making plans to get a replacement to start once you leave. They won't have to wait until you leave to start advertising it because doing so would leave them without an employee doing that job for a period of time. So it is entirely possible to advertise it whilst you are still in the post as long as they put the replacement in after you have left. Hope this clarifies?
Customer: replied 1 year ago.

Thanks, ***** ***** the delayed continuation .

I thought a position is made reduntant cos the post a surplus to requirement and therefore can not be filled by someone new .

Comment please

Thanks

Expert:  Ben Jones replied 1 year ago.
The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996: 1. Business closure – where the whole of the employer’s business is closed2. Workplace closure – closure or relocation of one or more sites3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:• The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees). • There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)• There is less work of a particular kind, but the same number of employees are required overall.Also this is a VR situation, it will be slightly different to compulsory redundancy. If you had a unique job and were the only one doing the particular job then it would be difficult for the employer to argue that this was a redundancy situation if they just replace you. However if there are others doing the same job and there is an overall reduction in headcount, they could say you are one of those being made redundant but it does jot mean that they cannot replace you as long as one of the above examples of redundancy can be met.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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