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Have you been consulted, on each occasion, prior to your redundancy date being changed and have you willingly agreed each time?
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Thanks for your patience. What the employer has done is not actually illegal, even if it appears to be unfair or immoral in a way. Once they have decided that an employee is to be made redundant they have a duty to offer them suitable alternative employment to keep them in a job and avoid the need for redundancy. This is a duty which is ongoing and lasts until their employment is terminated. In this case they still had a need for you so they basically left you in a job, which you agreed to remain in. If they now have confirmed that this role will no longer be made redundant and have offered it to you, then you would be expected to remain in it, unless you can show that it was not a reasonable/suitable alternative. This would depend on what you did before the potential redundancy and what you have been offered now. If there is a large change between the two then you may potentially argue that what you are being offered now is unsuitable, reject it and opt for redundancy instead.
However, if it is the same or largely similar role, then you cannot really argue that and would be expected to remain in it without any redundancy. After all, redundancy is only payable if you are actually being made redundant and if you are staying in employment then that is not the case.
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Legally there are no grounds for compensation I'm afraid. You were kept in a job, you were paid accordingly and have remained here now. You have not suffered losses. What you could have done, for example if you had reasons to leave based on the fat you were under notice of redundancy, as to serve counter-notice on the employer asking t be terminated early and still keep you redundancy money. But now that our job is confirmed permanently and you are taken off redundancy notice that is no longer an option. SO whilst this may be a lost opportunity in terms of being made redundant, what the law would look at is whether you are still in your job and as the answer to that is yes, then there is no further obligation on the employer to go through redundancy or offer compensation, because as mentioned redundancy is only there to compensate someone for the loss of their job. Hope this clarifies?
You have nothing stopping you from addressing this with hem but the issue with raising arguments on moral or fairness grounds is that you are only doing so in the hope they will use their discretion to do something to remedy the situation. It does not give you any legal rights. SO whatever you raise with them it would be entirely down to them to decide whether to offer any compensation or not. The problem is that until your employment terminates, redundancy is never a given as things can change all the way up to your last day and they can ask you to remain in post, unless you had given them counter notice during the notice period to leave early.
It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with them as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.
Hope this clarifies?
Yes I understand but legally you cannot get anything unfortunately, I am afraid it was your own choice to do this before officially being made redundant - it would have been a risk if you did it before termination of employment because there would never have been a guarantee the redundancy would proceed to termination
you were not made redundant though you continued working there, redundancy is when your employment actually terminates which never happened
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