How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

I have recently been sent this letter dear Phil is you

Customer Question

Hello I have recently been sent this letter dear Phil is you are aware the company are experiencing a shortfall of work, unfortunately this means we have not secured enough contracts to keep all existing employees in work. It is therefore with regret that I have to inform you that we have no alternative but to issue you with a redundancy notice.
You are entitled to 12 weeks notice which makes your leaving date 10th June 2016
Once again we sincerely ***** ***** current workload has resulted in U.S. Having to make this decision and if before June we win contracts we will happy rescind this notice...... Now I don't want to have this notice rescinded because I have been offered another job starting 17th July where do I stand legally?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is***** am an employment lawyer and I am to help you today. How long have you worked there for?
Customer: replied 1 year ago.
23 years
Customer: replied 1 year ago.
No 17
Customer: replied 1 year ago.
17 yrars
Expert:  taratill replied 1 year ago.
Ok thanks, ***** ***** proposing to pay you redundancy pay as well as notice?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
Did you read the original letter as that's all I have recievef
Expert:  taratill replied 1 year ago.
Hi it is not possible for an employer to rescind notice unless you agree to it. The employer may argue that if you do not accept your job back you are refusing an offer of suitable alternative employment (to the redundancy) and that you are not entitled to statutory redundancy pay. If they do this you should argue that it is reasonable for you to refuse due to the fact you have an alternative job offer. If you have any further questions please do ask?
Customer: replied 1 year ago.
Thank you I have had two lots of advice that was one lot of advice may I send you the other?
Expert:  taratill replied 1 year ago.
yes
Customer: replied 1 year ago.
Hey, so Iv had a look into it now and it seems like the employer is entitled to take away the redundancy offer in return for further work and that if Phil still wants to leave that he won't be entitled to the redundancy payment any longer. The only way Phil can still get the redundancy payment is if the work being offered is of a completely different kind to what he was doing before.It may be a tad confusing because of the language they use but if you want to know where to read it all for yourself. Type into Google: the Employment Rights Act 1996. Then scroll down to Part XI. And it's section 141 that tells you that an employee isn't entitled to a redundancy payment if they unreasonably refuse the offer of re-employment.
Expert:  taratill replied 1 year ago.
Who advised you of this?
Customer: replied 1 year ago.
It was a friend who had just got a first at uni with a law degree, but I have called free legal help line that had said the same as you, what I'm worried about is telling work I have had legal advice and it not being correct!
Expert:  taratill replied 1 year ago.
Your friend is not wrong it is just the wording 'unreasonably refuse' that is key. It would be unreasonable for you to refuse just because you want the redundancy money if you have not got a job to go to but it might not be unreasonable for you to refuse in the event that as a result of being given notice of redundancy you are offered another job and decide to take that offer up. You should tell your employer that you have to agree to notice being rescinding and you are not willing to do so because you have been offered another job and that you want your redundancy pay. If they try to argue it is a suitable alternative to redundancy pay then you may need to go down the route of bringing a claim. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Thank you for your time
Expert:  taratill replied 1 year ago.
no problem, please do take the time to rate my answer before leaving the site as I am not otherwise paid for working on your question. Thank you and all the best and enjoy the weekend!
Expert:  taratill replied 1 year ago.
Hi Laurie is there anything further you would like to know?
Customer: replied 1 year ago.
No thank you I don't think so
Expert:  taratill replied 1 year ago.
no problem all the best. Please do rate my answer before leaving the site. Thanks.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi I have had the above legal advice from you now my employer has rescinded my partners notice and won't pay redundancy out and s solicitor I have spoken to is saying g it's correct and won't take on my case?
Customer: replied 1 year ago.
Hi I have had the above legal advice from you now my employer has rescinded my partners notice and won't pay redundancy out and s solicitor I have spoken to is saying g it's correct and won't take on my case?
13/05/2016 04:40P

Related Employment Law Questions