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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work County Council and during our current restructure

Customer Question

I work for Norfolk County Council and during our current restructure an email was received following a meeting whereby it stated that voluntary redundancy would be offered to all Business support. This statement was not retracted and now some staff would like to pursue this, the council are not forthcoming. Where do we stand please.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me is the restructure affecting the business support. And are any redundancy being made compulsory please.

JACUSTOMER-i0dlbubz- :

There are no compulsory as such but with the email stating that voluntary would be offered there was myself and two of my team that would like to take this. There probably will not be sufficient posts and if staff go head to head then there may be compulsory redundancies. But for me and two others we would like to take this as was mentioned.

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening.There is no need to wait and you will receive an email when I have responded.

Ben Jones :

Thanks for your patience. Having checked the relevant law and case law, unfortunately your position is very weak and you cannot force the employer to take this further and offer you VR. When an employer decides to offer VR to its employees, they will make this an option and provide employees with those employees interested in pursuing VR to approach the employer and apply for this. It is then for the employer to decide who they wish to offer VR to and once they have made that decision they will accept the applications and only then would the formal redundancy process commence and there would be a binding procedure in place. Unless you had made an application for VR, which was subsequently accepted, you will have nothing binding in place which you can take further and challenge the employer. So regardless of what the employer’s communication was, you can only challenge this if you had applied for VR and this was formally accepted by the employer. If that never happened, then there is no legal obligation on the employer to proceed with the VRs, even if it was earlier stated that this is what their intentions were.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

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Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
Customer: replied 2 years ago.

Yes thanks you answered my question although the outcome was not as good as I had hoped. The service I received was fast and efficient - thanks.

Expert:  Ben Jones replied 2 years ago.
Many thanks all the best