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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48460
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work in a business where they have an ongoing voluntary

Resolved Question:

I work in a business where they have an ongoing voluntary redundancy programme. I applied and was asked to produce a structure whereby my position could be redundant, this I duly did. After 3 months I received a letter to say my application was refused. By this time I had become disillusioned and handed in my notice. The same day I was givena new structure in line with my recommendations which no longer contained my position. Have I any grounds for redress as they have clearly removed my role whilst rejecting my VR application.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you been working there for?

Customer: replied 1 year ago.
29 years
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

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.

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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