Can An Employer Reverse Your Redundancy At The Last Minute?

[renegadefm]

So ok 10 years ago now, but only now I thought I would put this out there as a question. 

 

The company I work for which I won't mention out of respect, but they were having a clean out of employees about 10 years ago, so I was being made redundant, and I knew the amount of redundancy money I was getting, and I had to sign a form, and I knew my leaving date. It was all in motion. 

So I set the ball in motion to seek out another job as I didn't want to be unemployed or touch my redundancy money yet. 

I had an interview with a company near to where I live and I explained I don't technically leave until this specific date, so I can't start with you until after that, but they were fine about that. 

 

However literally 2 weeks from my leaving date, I had a phone call from my boss to say congratulations we are reversing my redundancy as from today. So naturally I was shocked as I already mentally assumed I was gone. So where I should have felt relieved and humbled, I was actually thinking are they allowed to do this so close to the leaving date?

 

It was embarrassing because I then had to tell my potential new employer that my company has reversed the decision to make me redundant so I won't get the redundancy money or anything. 

 

So in essence it was stressful as your always thinking are they going to make me redundant again in the future. 

 

So basically my question is even though all the redundancy papers were all drawn up, and signed by me. Can an employer just randomly and close to your leaving date reverse a redundancy? 

[newmodarmy]

Yes, assuming this was clear in whatever you signed- it is usually covered in the paperwork. I know of cases where this has happened. Or there may be a provision that if they find suitable alternative employment for you within the organsisation your redundancy will be withdrawn  

[Buenchico]

From Acas:
"Once your employer has given you notice of redundancy, including the date your employment will end, they cannot withdraw it unless you agree"

Source:
https://www.acas.org.uk/your-rights-during-redundancy/redundancy-notice

[newmodarmy]

I bow to Buenchico's knowledge but I know of cases where it was withdrawn. Maybe it shouldn't have been withdrawn, or maybe it was written into the agreement somewhere.

[THECORBYLOON]

You could have gone to the new job and possibly been entitled to the redundancy payment still.

https://landaulaw.co.uk/redundancy/

"Can my employer withdraw my notice of redundancy?

Once your employer has given you notice of redundancy, and you are no longer just ‘at risk’, then your employer cannot change its mind and withdraw that notice without your consent.

That said, you should be careful about rejecting your employer’s offer of your old job back after your redundancy is confirmed. If you are offered your old role on exactly the same or similar terms, this is likely to be an offer of ‘suitable alternative employment’ (as long as it starts less than 4 weeks after your termination date). If you unreasonably refuse such an offer, then you could lose your right to a statutory redundancy payment.

if you have already accepted a new job elsewhere, or if your employer offers your old role on significantly less favourable terms, it is much more likely to be “reasonable” to refuse the role. You should be entitled to keep your statutory redundancy pay in these circumstances. However, refusing to accept a job back simply to obtain a redundancy payment is likely to be deemed to be unreasonable."

[Peter Pedant]

oo-er well researched boys

[renegadefm]

I know its a bit late 10 years on, but I didn't really have anyone to turn to for advise at the time. 

I did ring my union at the time, and they said theres nothing I can do in terms of deciding whether to maintain the redundancy and payment. 

But something about it all didn't sit with me well, and its bothered me ever since. 

 

It was very shocking to be told 2 weeks before I leave, that I am not actually leaving at all. 

 

[douglas9401]

I'd have taken the new job and told 'the man' to insert his offer in his bottom regardless of the legal niceties which tend to favour the grasping, flip-flopping chancers anyway.

[Canary42]

One time when I was made redundant, some redundant employees were able to "trade" with others who wanted out but hadn't been included.  (Not me, I wanted out, it was an awful place to work).

[renegadefm]

douglas9401, 

It was tempting to do that, but my potential new job would have meant less pay, and mucking up my pension with the company I was with. 

I did ask the union for advice at the time, but they more or less said well just be grateful your no longer redundant. 

I wasn't feeling grateful at all because for months I thought I was gone, then 2 weeks before I'm meant to be leaving they reversed my redundancy. 

I'm just surprised they were allowed to do that. 

[abbeylee90]

Yes

[newmodarmy]

Had it happened to you or someone you know Abbey?

[abbeylee90]

Someone I know but I been made redundant and I just worked 2 weeks

[renegadefm]

abbeylee90, 

But I'd done nearly 30 years with the company at that point, so it was a lot to mentally take in.

And there were months between being told I'm being made redundant, to being told its now going to be reversed. 

Its hard to describe if you haven't been through it, but I mentally prepared for leaving, and told myself well ok that's that I'm gone. 

So off I went looking for a new job as anyone would do, so to be told 2 weeks before my leaving date, was a shock really. 

[newmodarmy]

Abbey has a lot of experience of leaving jobs or being let go, but I'm not sure she's as knowledgable as some on here about the legal aspects of redundancy and employment matters. 

It's too late now, renegade, but if you are given notice of redundancy check out the details early or at least seek advice if a redundnancy notice is withdrawn.

[renegadefm]

newmodarmy, 

I understand its way too late now, 10 years on, but its something thats always been niggling me, as it could be the difference in how my future panned out in terms of employment. 

I did seek advice from the union, they looked into it for me, and infact they we're surprised at the time why my employer did this so close to the leaving date. 

I did question was it to avoid paying out the redundancy payment, it was just under 30 thousand. 

What I wanted to know is if my documents were all signed about my payment and leaving date, plus I had to sign something so that I didn't say anything bad about the company after I left. How could they reverse my redundancy literally 13 days before my leaving date, baring in mind this whole process was drawn out over many months from being told I was going to be made redundant, to being told they are reversing it.

Something just doesn't sit with me right about it. 

[newmodarmy]

Seems pointless worrying about it now....unless you think you may be able to claim compensation but I'm sure it's too late now.

[renegadefm]

newmodarmy, 

I know, I agree its too late to worry about it now. 

I guess I'm trying to get closure. And to see if they did everything by the book. 

In my mind it was very unprofessional to do that when they know I would have by then moved on mentally and seeked a new job out.