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Voluntary Redundancy
6 Answers
I accepted voluntary redundancy, signed a form that stated by signing the redundancy is automatically accepted and termination date would be 30th April. (today). I knew my manager wanted me to stay longer but only today she states she wants me to stay til 5th June and threatened that the VR package could be removed if I do not agree.
Is this legal? Can I be forced to stay on or does it need my agreement?
Is this legal? Can I be forced to stay on or does it need my agreement?
Answers
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Thanks R1 Geezer,
sorry I should have phrased the question differently. I guess I meant do they have the right to withdraw the package if I don't stay on longer?
The form I signed actually stated 'this will be automatically accepted and termination of employment will be 30th April unless agreed otherwise with your line manager'.
The term 'agreed' to me means both parties agreeing, and this is what I signed. I never agreed to 5th June departure so technically I should be leaving today, with my package.
I also have another job to start 1st June.
sorry I should have phrased the question differently. I guess I meant do they have the right to withdraw the package if I don't stay on longer?
The form I signed actually stated 'this will be automatically accepted and termination of employment will be 30th April unless agreed otherwise with your line manager'.
The term 'agreed' to me means both parties agreeing, and this is what I signed. I never agreed to 5th June departure so technically I should be leaving today, with my package.
I also have another job to start 1st June.
On the face of it, you appear to have a contract offer that you accepted and signing. I take it that you returned a copy to the company?
The offer said that you would receive X and your dismissal date would be 30th April.
What then appears to have happened is messed up in the murky detail of what may or may not have said to you and what you agreed to.
What you do now probably depends on the size/scale of your organisation.
If it's a large organisation, suggest you approach HR and try and agree a compromise. Are you willing to stay on a bit? If so frankly the details of this should have been ironed out at the time, and HR will probably see this (in a legal sense).
If its a smaller owner/manager organisation, they are perhaps just trying to change the rules to suit.
Based on what you have said, you appeared to have a binding agreement, but no-one wants to be resorting to the civil courts to prove it.
The offer said that you would receive X and your dismissal date would be 30th April.
What then appears to have happened is messed up in the murky detail of what may or may not have said to you and what you agreed to.
What you do now probably depends on the size/scale of your organisation.
If it's a large organisation, suggest you approach HR and try and agree a compromise. Are you willing to stay on a bit? If so frankly the details of this should have been ironed out at the time, and HR will probably see this (in a legal sense).
If its a smaller owner/manager organisation, they are perhaps just trying to change the rules to suit.
Based on what you have said, you appeared to have a binding agreement, but no-one wants to be resorting to the civil courts to prove it.
Thanks buildersmate, you are right I accepted and signed the X terms and anything different should have been dicussed with me but my manager left it until today (my technical leaving date) to panic at my departure and is trying to move the posts. Its a large firm, I contacted HR this morning and they have gone suspiciously quiet. thanks for the suggestion
Yes, deal through HR department then, and post again for further help, if required.
Maybe an additional payment to you on (eventual) termination might be suggested, in recognition of your flexibility in this matter.
Your manager sounds like he/she failed to plan things. Fundamental principle of management, is that.
Maybe an additional payment to you on (eventual) termination might be suggested, in recognition of your flexibility in this matter.
Your manager sounds like he/she failed to plan things. Fundamental principle of management, is that.
Thanks again BM, yes a complete failure on her part to give it the serious attention it required.
And wow what a set of events it has now taken. At 5:15 today, 15 mins before I technically leave I was asked to meet with her and HR to mutually agree a leaving date. We could not as she was adamant I have to stay til at least 29thMay. It was 29th or nothing. I was told by HR that if we could not agree I must leave today or lose VR if I came in tomorrow to discuss. My manager was asked 1 last time is it 29th or nothing and she said nothing so I was told thats it, my last day - rather last 5 mins by then.
THEN, while I'm saying goodbyes I was called in again to sit with the HR director who stated if I leave today I get nothing!! One says if I dont leave today I get nothing the other if I leave today I get nothing!! I was eventually told that if I do not agree to a mid way 15th May then I get nothing. All this despite signing a form that stated they automatically accept my VR and 30th April is termination.
So I've been told conflicting things by the same HR dept, threatened with losing VR either option I take and told under duress I must accept 15th May or lose VR. I'm speaking to a lawyer tomorrow but any advice is still greatly appreciated. thanks all.
And wow what a set of events it has now taken. At 5:15 today, 15 mins before I technically leave I was asked to meet with her and HR to mutually agree a leaving date. We could not as she was adamant I have to stay til at least 29thMay. It was 29th or nothing. I was told by HR that if we could not agree I must leave today or lose VR if I came in tomorrow to discuss. My manager was asked 1 last time is it 29th or nothing and she said nothing so I was told thats it, my last day - rather last 5 mins by then.
THEN, while I'm saying goodbyes I was called in again to sit with the HR director who stated if I leave today I get nothing!! One says if I dont leave today I get nothing the other if I leave today I get nothing!! I was eventually told that if I do not agree to a mid way 15th May then I get nothing. All this despite signing a form that stated they automatically accept my VR and 30th April is termination.
So I've been told conflicting things by the same HR dept, threatened with losing VR either option I take and told under duress I must accept 15th May or lose VR. I'm speaking to a lawyer tomorrow but any advice is still greatly appreciated. thanks all.
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