Redundancy question

Around 50% of the work force (where i work) are still furloughed and a few months ago they were asking for voluntary redundancies, i managed to convince the powers that be to make me redundant.
I am now seven weeks into my twelve weeks notification period and have had massive hints that they (my direct boss/controller) is wanting to stop my redundancy he really doesn’t want me to go.
I have a letter and an e-mail confirming my termination date along with the redundancy package terms.
Can they overturn my redundancy?

Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out their notice period. If the employer subsequently wishes to withdraw the notice because of a change in business or economic circumstances, the express consent of the employee is needed.

  • While the employee will be under no obligation to agree to this, where they refuse the offer, this may affect their entitlement to a statutory redundancy payment.


Legal opinion is very clear on this one. An employer may withdraw a redundancy notice right up until the last breath - in other words the minute before your contract is terminated. Redundancy is an “involuntary termination” on both sides (or at least that is how the law looks at it) - the employer does not want to make people redundant and the employee does not want to be made redundant. On this basis it is not a mutually agreed basis as, say, ordinary notice would be considered. If you still wanted to leave you could do so - but without any redundancy payment.

If you remained on notice of redundancy and then got another job during the notice period, different rules apply and you would be able to serve “counter-notice” on the employer to leave, preserving your redundancy payment (but obviously not any balance of wages for the full notice period).


Dave will be pleased :smiley:

Thankyou for the detailed and comprehensive reply although it’s taken me a few reads to digest i am now clearer in my mind as to where i stand.
It’s possibly 18 months ago when i ‘told’ my controller that if i get through this coming winter it will possibly be my last and i would consider a three day week or i would seriously jack the job in…48 years of rolling round in mud, grease, oil, rain and snow is enough.
I think this is where it is going and i need to box clever and get my full redundancy package before telling him to … …!

Get a job, any job (or the offer of one), then your covered…