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Legal matters

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Anyone know about employment law?

29 replies

Middlechild3 · 13/03/2025 14:11

Just wanted to know if anyone can advise on my rights in a possible scenario.
I applied for and was accepted for voluntary Redundancy. I asked for PILON as I just wanted to go straight away. Due to incompetence of HR being able to answer straightforward questions the initial date I suggested had to be quashed as HR were either on leave or didn't know the answers/didn't read my questions properly. The pool I'm in needed to lose 2 headcount. I was the only one who applied for and was accepted for VR. The pool is still at risk as they are awaiting the results of 3 staff applying for ring fenced internal vacancies. I am concerned if 2 or more staff are successful in getting new roles that will be 2 headcount down and they may try to cancel my VR. Can they do this? Serious incompetence and delay by HR has meant there is still no leaving date agreed. I was told to use my leave up or lose it which I have. I've also paid nearly £2000 for financial advice regarding the VR package. I've copied all comms strings and emails to my private email/laptop. I've noticed the email stating they have accepted my application for VR appears to no longer exist. I certainly haven't deleted it. Any advice appreciated tia.

OP posts:
Katrinawaves · 13/03/2025 18:06

Being at risk of redundancy is a very stressful situation so it would be good if posters could cut @Middlechild3 some slack rather than poking at decisions she has made or posting styles.

As others have said, the legal position is very fact specific @Middlechild3 but usually all conversations up to service of the Notice of Redundancy are without prejudice and therefore either side can change their mind up to then. But if they need to lose 2 from your team I think there is a good change your VR is going ahead and that HR are just being slow rather than devious. If this is a big restructure with a lot of people at risk across the whole business, they will be snowed under.

TappyGilmore · 13/03/2025 18:08

Leaving dates are usually determined by your direct line manager, or they may perhaps need to escalate to their managers depending on the structure and situation, but HR do not determine leaving dates.

Inspiremeaholiday · 13/03/2025 18:09

OP what have you signed? In my experience (both from doing multiple restructures and being made redundant myself) until you sign you agreement its all a without prejudice conversation (as long as you said the words), and nothing is final until you sign on the dotted line. Everything is still 'in consultation' before then. Have you got the documentation yet? And are you getting a sweetener and you need legal council?

Middlechild3 · 13/03/2025 18:22

Katrinawaves · 13/03/2025 18:06

Being at risk of redundancy is a very stressful situation so it would be good if posters could cut @Middlechild3 some slack rather than poking at decisions she has made or posting styles.

As others have said, the legal position is very fact specific @Middlechild3 but usually all conversations up to service of the Notice of Redundancy are without prejudice and therefore either side can change their mind up to then. But if they need to lose 2 from your team I think there is a good change your VR is going ahead and that HR are just being slow rather than devious. If this is a big restructure with a lot of people at risk across the whole business, they will be snowed under.

Thank you. And yes it's HR incompetence, Around 120 people are affected and it would appear we are all experiencing the same issues. I had a meeting with my manager this afternoon and they are just as incredulous. We are meeting Monday and if I don't know if PILON has been granted by then we will agree I work my 3 months notice and get it signed and sealed. It was the lack of this finalising that was worrying me. Not sure why people are so up in arms re me paying for FA, or the amount I've paid as mentioned above, it's paid for itself many times over. I mention it as I wouldn't have used an FA if not being told my VR had been accepted. Indeed I have comms from HR suggesting to get FA over the money, and also saying to use leave up ahead of leaving or lose it. My post was JUST to try and find out if my employer could renege on accepting my VR acceptance when I don't have an agreed date and it appears they could. Thanks very much to all constructive posters, I have what I need now and won't be posting further.

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