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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47598
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I HAVE TAKEN VOLUNTARY REDUNDANCY, IF SOMEONE OTHER

Customer Question

I HAVE TAKEN VOLUNTARY REDUNDANCY, IF FOR INSTANT SOMEONE OTHER THAN MYSELF DECIDES TO LEAVE THE COMPANY, BEFORE THE GIVEN NOTICE THAT THE COMPANY HAS GIVEN TO ME, CAN THEY RETRACT THE REDUNDANCY THAT THEY HAVE OFFERED TO MYSELF?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there for?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - How long have you worked there for?
Customer: replied 1 year ago.
Hi Ben, have worked there for 18 years
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for getting back to me. When you are being made redundant, whether under compulsory or voluntary redundancy, the employer is under an ongoing duty to offer you suitable alternative employment to try and avoid the need for redundancy. This means that at any point until your employment terminates, the employer can offer you a suitable alternative position and if you unreasonably reject it the employer could try and argue that you had resigned and are not entitled to a redundancy payment. However, for that to happen they must be able to how that the job was suitable and that your rejection was unreasonable. If you are bang offered the same job as you did before, then it is clear that it will be a suitable offer and the focus would the shift on whether your refusal to take it was reasonable. You could however try and counter-argue that you did reject it reasonably and you may do that by trying to show you had moved on by fining a new job or making other plans as a result of the proposed redundancy. This is your basic legal position. I have more detailed advice for you in terms of an option you have in ending your notice period early and still keeping your redundancy payment, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you

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