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Many thanks for your patience. The starting point is that there is no obligation on an employer to accept an employee’s application for VR so they do have the right to reject it, even if you had made a valid case to be made redundant. So the fact that they had rejected your application and later on implemented your recommendations is not in itself unlawful. The issue for you here is that you had submitted your resignation – to be able to claim against the employer now would require you to make a claim for constructive dismissal, which occurs when the following two elements are present:
· Serious breach of contract by the employer; and
· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
Sadly, I do not see the fact that your application for VR was refused or the time it has taken as a serious breach of contract, because as pointed out they are under no obligation to accept a VR application, even if it had a god point to make in terms of why it should be accepted.
Saying that, you can still try and negotiate with them for something, such as to be compensated at least with something. You can also use ACAS for these negotiations and you would then get a professional mediation service for free – you have nothing to lose by doing so.
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