Redundancy mess

[ivrytwr3]

Hi all,

Would appreciate some and help advice please!

Been working direct for a UK company for almost 10 years. In Oct 24 received a Notice at Risk of Redundancy. where i was later informed the role is redundant. The company did offer a new role, but was not comparable and a significant step back in responsibility and hours. During a consultation HR and I worked together and reached a compromise where i received confirmation of the changes.

A week later my direct LM informed that the agreed compromise had been revoked and a new proposal was put forward - i refused and said i would continue with the redundancy. We agreed a finish date which allowed me to do a handover (and allowed me to job search!)

I was lucky and got offered a new job almost immediately, however, the old company has said they are extending my role a further few months. I did not agree to this, nor do i want this. I wish to leave on the agreed date with a redundancy payment.

Can you advise on how i am to respond, or is HR correct that no redundancy is payable as the role is not redundant and i am now choosing to resign?

[ULA]

Can I clarify a few things:

What was / is the agreed finish date which allowed you to do a handover and job search?
When was this date agreed?
Were you being paid in lieu of notice or working your notice?
How long is your contractual notice period?
In extending your role a few months have they said that they will still be making you redundant at the end of that period?

[ivrytwr3]

21 Oct 24 - Notice of at Risk of Redundancy

11 Nov 24 - consultation including redundancy on 31 Dec 24.

12 Nov - CEO email confirming conclusion of consultation and agreed changes.

21 Nov 24 - LM says agreed changes revoked and new ones offered - not suitable for me.

5 Dec 24 - decision made that due to current staff shortages and support needed they are pausing the changes to my role until end of March 2025. Therefore my role continues until then.

[ULA]

Sorry I still need the following questions answered.

Were you being paid in lieu of notice or working your notice?
How long is your contractual notice period?
In extending your role a few months have they said that they will still be making you redundant at the end of that period?

Plus did you receive your termination as a result of redundancy with the agreed termination date of 31 December given to you in writing?

[ivrytwr3]

Sorry I still need the following questions answered.

Were you being paid in lieu of notice or working your notice?
How long is your contractual notice period?
Plus did you receive your termination as a result of redundancy with the agreed termination date of 31 December given to you in writing?

Were you being paid in lieu of notice or working your notice? I am still being paid as normal and still working as normal.

How long is your contractual notice period? 1 month

In extending your role a few months have they said that they will still be making you redundant at the end of that period? "pausing the changes to your role until end of March 2025. Therefore your role continues until then". Is the only wording used.

Plus did you receive your termination as a result of redundancy with the agreed termination date of 31 December given to you in writing? Not in writing, but i did follow up with an email to HR confirming LM has agreed a finish date of 31 Dec 24. In writing is that my current role is being deleted and a new (lower) role is being offered on a new contract.

[ivrytwr3]

Would it be advisable to write to HR and inform them that i am leaving as per my redundancy agreement on 31 Dec 24 and will not be accepting the 3 month extension to Mar 25? I would like to leave with a redundancy payment, i have been there quite some time.

How would i word such a letter please?

Any help is appreciated as we are fast approaching Xmas and my leave date

[ULA]

Effectively once an employer has issued an employee with a notice of redundancy (which is different from being told you are potentially "at risk"), it is legally binding, however this does not appear to have happened in your case, which my be an issue because if it had been then it cannot be unilaterally withdrawn by the employer without the employee's consent. However, if circumstances change and the redundancy is no longer necessary, it is possible to withdraw the redundancy notice while the employee is working their notice period, so long as they explicitly agree to this.

If you want to write to HR then it may be good to set out the following:

1. You were put on notice of redundancy risk.
2. That on xxx date you agreed with your LM a leaving date of 31 December on the basis of your employment terminating on the grounds of redundancy.
3. That you followed this up in writing with HR on xxx date.

Then confirm that you are not agreeing to any extension to March 2025 of the redundancy, that you will still be leaving on 31 December and that you still expect your redundancy payment.

I would warn however that this is quite a risky strategy and that the company may say that you are resigning, as no redundancy notice was served on you, the decision on whether there will in fact be a redundancy situation has been deferred until next year and if you leave on this basis no redundancy payment will be due.

Have you also considered speaking with your line manager about the situation as it now stands?

[ivrytwr3]

Effectively once an employer has issued an employee with a notice of redundancy (which is different from being told you are potentially "at risk"), it is legally binding, however this does not appear to have happened in your case, which my be an issue because if it had been then it cannot be unilaterally withdrawn by the employer without the employee's consent. However, if circumstances change and the redundancy is no longer necessary, it is possible to withdraw the redundancy notice while the employee is working their notice period, so long as they explicitly agree to this.

If you want to write to HR then it may be good to set out the following:

1. You were put on notice of redundancy risk.
2. That on xxx date you agreed with your LM a leaving date of 31 December on the basis of your employment terminating on the grounds of redundancy.
3. That you followed this up in writing with HR on xxx date.

Then confirm that you are not agreeing to any extension to March 2025 of the redundancy, that you will still be leaving on 31 December and that you still expect your redundancy payment.

I would warn however that this is quite a risky strategy and that the company may say that you are resigning, as no redundancy notice was served on you, the decision on whether there will in fact be a redundancy situation has been deferred until next year and if you leave on this basis no redundancy payment will be due.

Have you also considered speaking with your line manager about the situation as it now stands?

LM is not the best and they are the ones that wanted new terms after the consultation was complete. They will also tow the line and not go against the company.

I'm going 31 Dec 24 for a better role, it would have been nice to leave with a payment though