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Redundancy retraction(7 Posts)
I am currently on mat leave, due to return 1st April when the paid part of my mat leave ends, this was mentioned to my company before my leave began but they said there was no pressure to return then and to just keep them informed. Perfect!
Anyway, December, I was informed of a redundancy situation due to my host store closing (I'm a concession manager, the store the concession is in was closing).
The beginning of January, I opted for redundancy, and had my final consultation setting out my payments and giving me my final leave date as 11th March. I paid for training courses to complete whilst on mat leave to enable be to find another job as soon as my mat leave ended.
The end of January, the host store announced it was staying open (via Facebook & the press rather than telling its brand partners first!) ... I contacted my company and asked what was going on. They weren't sure, said there was a meeting to be held and they'd get back to me. They didn't. I had to chase them. They still don't know if they are pulling the concession from the host store completely.
With my official leave date less than a month away, courses booked and paid for, can they lawfully retract redundancy? I have a toddler and a 6month old to arrange childcare for, and it will be a full time position I'll be returning to. The training courses will clash with my working hours for the first 6 weeks I am back at work.
I'd come to terms with the redundancy, and had planned to start my own business off the back of these training courses. I've read so many conflicting opinions/articles about what they can/can't do I don't know which is right or where I stand. Please can anyone advise?
I'd be very surprised if they could! I take it you would have signed paperwork during your final consultation? If so, have a read through and see if there is anything regarding retraction of a redundancy.
There is a law that states that a position can not be recruited for until 6 months after the redundancy was made. So perhaps they may ask you to sign something to say you are happy for them to recruit for your position?
How many others were made redundant? If the company is in trouble, it's likely they would be looking to reduce headcount anyway.
You could call ACAS and ask. Are you employed by the brand company or host store?
@LIZS I'm employed solely by the concession company, nothing to do with the host store. They offered me an alternative role, but it meant more travelling and more hours out of the house. The last communication I had with anyone was that they'd get back to me today... and they haven't.
Was the offer within a reasonable travel distance ? Many retail contracts have mobility clauses and they can offer redeployment within a defined distance. Was redundancy discussed after your refusal?
@LIZS they said it was suitable, until I pointed out it was going to cost me an extra £150 a month in travel and £160-£200 more a month in childcare, plus an extra 10-15hrs a week out of the house.
They accepted that I found the offer unsuitable, we had my final consultation and they gave me a letter detailing my final day and pay schedule. It was ended that that would be my final communication with them.
When the host store announced it was staying open, the brand partners (like my company) were not informed, most were unaware until their staff (like me) contacted them.
They told me they'd schedule a call with me, so I booked to view nurseries, the call was delayed.
When I finally spoke to them, they said they didn't know what was going on, so would call me the following week after various meetings. They didn't.
I emailed hr and my line manager.
Last week I finally got an email back from my line manager saying she still didn't know what was going on and would be in contact when the hr manager was back from holiday on Tuesday just gone. They've still not made contact.
I've got 24 days left until my final day, as noted in my final letter, although the paid part of my mat leave does not end until 13th April (I was going to be returning from 1st April for ease of holidays and rostering).
The nursery we picked had held two places for my kids, but they called at the beginning of the week to find out what was going on and because I still have no idea, the places are no longer held.
Quite frankly, it's ruining the end of my mat leave. I was returning in April because we cannot afford for me to have absolutely no income. If I am to be going back, I need to find childcare and get them settled in. If I'm not going back, I need to start trying to find alternative employment.
I potentially have another role lined up, but they are also waiting for me to hear from my company. If I accept another role before my leave date, I'm worried they'll withhold payment anyway because
my contract states I cannot have any other form of employment whilst working for them.