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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48172
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My job was made redundant due today geographical move and prior

Resolved Question:

My job was made redundant due today geographical move and prior to me going on maternity leave in March I was presented with a redundancy figure of £19k. I chose to defer it pending an alternative suitable vacancy to return to after mat leave. No suitable vacancy has been found but now I have been offered £6 k redundancy with the explanation that March's offer was incorrect! Do I have any right to challenge?
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?
Customer: replied 1 year ago.
20 months
Expert:  Ben Jones replied 1 year ago.
What does your contract entitle you to in terms of redundancy pay and also is this being treated as voluntary redundancy?
Customer: replied 1 year ago.
I dont think it is voluntary redundancy now as my maternity leave is coming to an end and as it stands there is no suitable vacancy for me to return to? My contract states I'm entitled to statutory redundancy which as I understand is nothing due to short length of service but I was offered?£19k in March - which I have in writing.
Expert:  Ben Jones replied 1 year ago.
So when you were offered the £19k ere you asked to accept it by opting for redundancy then?
Customer: replied 1 year ago.
Yes, however following consultation I decided to defer it then on the hope (from me and employer) that a suitable alternative vacancy would come in the 9 months of my planned mat leave.
Expert:  Ben Jones replied 1 year ago.
The issue here is that you did not accept the offer as it was made at the time and as such you cannot realistically claim that a legally binding contract had been created. The employer had made you an offer, albeit an incorrect one, however you did not accept it and deferred your decision. In the meantime they had realised their mistake and had issued you with a correction. As such the initial offer would no longer stand. The fact that you had just now decided to accept it would not give you rights over it as it had been withdrawn and a new figure was re-issued. Even if you had accepted the original offer, there is a principle n law where errors can be deemed not legally binding. In other words if a party had genuinely made an offer in error, they can argue that it is not binding as the other party should not be allowed to take advantage of a genuine error. So in either case, the chances of holding them to the original offer are rather slim. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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