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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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My office is relocating, and I was issued an addendum in November,

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My office is relocating, and I was issued an addendum in November, which I signed, which stated the following (exactly): Redundancy Option: In the event that you decide you do not want to permanently relocate to the Leatherhead site, you must serve notice to your manager in writing that you would like to volunteer for redundancy no later than Friday 29th January 2016. Once notice is served you will be required to work your notice period or to a mutually agreed date. Please note that Intertek pay statutory redundancy.
Now the company is saying that because I signed the addendum, I agreed to forgo the redundancy - is this right?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there?
Customer: replied 2 years ago.
4 years
Customer: replied 2 years ago.
Addendum attached
Customer: replied 2 years ago.
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Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. I do not see how the employer can argue that by signing the addendum you have given up your rights to be considered for voluntary redundancy. Nowhere in the agreement does it state that signing it removes such right and it would be unreasonable to assume that to be the case in the first place. You signed the addendum to signify your acceptance to the variation of your terms, but there was still an option regardless of that for you to apply for redundancy. The only thing with that is you would be serving notice to volunteer for redundancy. That does not mean it would be guaranteed – the employer would still need to accept your request before you are allowed to go via redundancy. They could potentially reject your request, for example say that there are no more redundancy spaces available, and keep you in the new position. However, the wording does state that once you give notice you would be required to work your notice period, implying that redundancy wold be given regardless. So either way you should be able to challenge them on their position. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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