Resignation and redundancy pay

[notanothernamechange24]

Posting for advice on where a family member stands legally and whether they might have any legal come back on their employer
situation is Family member was pressured into handing in their notice prematurely for their retirement. They had worked for the organisation for 15 years + all with a very good reputation. FM is now of retirement age. One month after giving six months notice of intention to retire the organisation announced that it would be closing approximately a month after FM retirement. All other employees will be getting a decent redundancy payment but as FM had already given notice they will not receive anything.

FM feels strongly that they were put under pressure to hand their notice in so that the organisation in question could have adequate time to find a replacement as FM is in a fairly senior role. They have some written evidence of this.

Would they have a case against employer for unfair dismissal? Or something similar?

so in your view was the Ai information presented on the thread quite accurate ?

@Swirlythingy2025 Sorry I didn't bother reading the AI generated contributions, I just reflect with the other user that anything I posted was based on my actual experience in the field.

and here i thought the purpose of the threads were to help people reguardless of how the information is sourced.

we could always go back to no moblie phones and pen and paper if people are so anti tech these days

FM needs to speak to an employer solicitor, acas or a union

@Swirlythingy2025 So your disappointed I didn't read something and offered my own contribution?!

it was more the derision that people have for AI these days, which i presumed was the reason you didnt read it

that said if im wrong then my aologies

@Swirlythingy2025 I have no issue with AI, I just looked at the post and it was very very long and seemed to regurgitate ACAS chapter and verse likely covering a really wide range of information which isn't what the OP was looking for. Often posters are looking for an opinion that is easy to read and understand. It appears @Flytrap01 has deleted their post so nobody will know what we're going on about now!

thats understandable, but then it kinda defeats the point because cases can be detailed and complex eg watching the show Billions and how cases are put together etc one would think all the more detail the better because other wise its soundbite advice rather than actuall in depth advice that could be of use to the case ?

@Swirlythingy2025 Interesting, but my experience tells me the ability to rescind a resignation unless there was heat of the moment mitigation is actually quite straightforward in employment law and case law. Which is why rather than telling the OP everything I know about constructive dismissal, redundancy rights, failure to consult, possible age discrimination etc I just told them they are better to try an ethical argument and appeal to their employers better nature. Ultimately the OP might tell us there was a written instruction from the FMs manager telling them they must resign... so that might give us some evidence to claim constructive dismissal which then deprived them of T&Cs ie. redundancy consultation and compensation but who knows. AI can be brilliant but you still need enough knowledge and experience to pick out the most important bits especially around employment law as it can be pretty grey at times as well navigating what an employer will likely agree to.

Regardless of the accuracy or otherwise of the post in question, Mumsnet make the rules and, whilst they are happy for people to use AI to help them write their posts, they don't want posts that are simply AI generated content. That is why they removed the post.

Kindly could you please go and discuss the pros and cons of AI on another thread as you have somewhat derailed mine!

Go for the loyalty bonus which can be paid free of statutory deductions is marked as an Ex Gratia payment.

I appreciate how your friend is feeling but the sad truth is, they just don't have the right to redundancy pay as they aren't redundant. It's not an entitlement. And the fact they have another role so have mitigated against any loss doesn't help any argument that being forced to resign from their job has caused hardship.

I'd go down the loyal/moral right thing to do argument if it's still possible.

They didn’t have another role to go to when they were pressured into their resignation. They applied for and got another position several months after they handed their notice in.

I'd still do something. Email and chase under the duress or grievance method.

Your relative would only be entitled to redundancy pay if she is dismissed by reason of redundancy. In some very unusual circumstances that could cover a resignation, but I don’t think this is likely to be one of them.

If she has clear evidence that she was pressured and her resignation letter claimed it was under duress, and there is evidence the company had already contemplated redundancies at the time, she might have a shot. For a CD claim she’d have to demonstrate a fundamental breach of contract, and a resignation in direct response, made without delay - and usually she would be expected to go through a grievance procedure first. And usually you’re expected to resign without notice - working another six months rather undermines a BOC argument unfortunately.

I understand why it rankles but I don’t really think she’s going to get anywhere with a claim, there are too many difficulties.

@notanothernamechange24 any progress op ?