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redundancy

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Big Chief | 22:36 Thu 04th Nov 2004 | Technology
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If you have been selected for redundancy and given a date for termination, does your employer have the right to withdraw the rudundancy at the 11th hour?
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In a word NO

Unless you have signed away your right for them not to do this ie. in your contract, or as a waiver.

if this is happening to you and you wish to receive your redundency, I sugest you speak to your solicitor or your local C.A.B

I understand it that if they can find a suitable position for you within the company, then they have to offer you that position.  If that position becomes available in the 11th hour, then that's unfortunate.

The decision on the suitable alternative would be made before you are given redundancy. On not being given given your current job, you would be considered for a suitable alternative, and if this failed you would be made redundant.

If you have it in writing, then you have a good case. I assume you are not in a union?

If you have received formal notice of the redundancy (i.e. a dismissal letter) employers can offer employees the option of withdrawing the notice. This can be refused and the Employer will have to continue the redundancy and make any relevant payments.  However, the grounds for refusal must be considered reasonable - if not, the Employer may be able to withold any redundancy payment.

It is probably worth getting more advice on this - Check out Acas http://www.acas.org.uk/ for more info

If it is a true redundancy it is the position that is being made redundant not the person.

If they employ someone to replace you then in law it is not a redundancy.

 

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