Page 1 of Anyone clued up on employment law?

A colleague at work applied (and was approved) for voluntary redundancy. He received a letter confirming the amount offered and signed his acceptance letter and returned it. He has since been told that the offer is to be withdrawn and he is required to stay at the company. I can`t help but feel if he had accepted then changed his mind and decided to stay the company would not have been quite so willing.

So is the company acting lawfully or not in these circumstances? At what point does my colleague`s signature form a legally binding case of Voluntary Redundancy? I know there are "if`s" and "but`s" relating to the exact wording of the letters but what is general opinion?

Cheers in advance
Rob

Assuming he kept copies, I would say that a agreement is binding for the release of the employment contract. However I would recommend talking to a solicitor &/or union rep.

I think (may be wrong) there`s at least one member here with a partner involved in employment law.


I consider myself an optimist, albeit an optimist with cynical tendencies and a dark side that Lucifer himself would find a little creepy. (Perhaps you've noticed.) You don't normally associate cynicism with an upbeat pov. But I have exactly that combination and will defend it.

Like you say, wording can be everything and it may be worthwhile talking to ACAS BUT I would think that as the rules on the employer is to do everything to avoid redundancy, they are at liberty to withdraw a redundancy notice ta any time.

One possible argumnet might be that the redundancy formed a variation of the contract and if your friend had taken up a better job he may seek damges for them noe breaching it but that is a very very very long shot.

Mike J T

Cheers for the advice everyone - my colleague has spoken to a lawer who reckons he has a good case! Watch this space! :o

Never trust lawyers who say you have a good case.
All they want is your cash! :/

It is not possible to `withdraw` an accepted `offer`.

But, the problem will be establishing consideration given for the `contract`.

That`s what I`d suggest he asks his lawyer.

He should check his household contents insurance for legal expenses cover too; if he has it and his lawyer didn`t flag it.....guess what?

This item was edited on Sunday, 18th June 2006, 19:16