Hi there,

We were in a position where we needed to make 12 positions redundant.  Due to resignations and internal transfers, this figure was reduced to 2.  We accepted Volunteers and had a meeting with each where we verbally agreed to accept their request, with a termination date of end of May.  This was in April. 

Since then, we have had an upturn in business and no longer need to make redundancy’s, in fact, we need to recruit.  We have invited in both individuals and confirmed this situation to them and that there positions are no longer at risk of redundancy, therefore they are not redundant.  Obviously from a company point of view, this is good news but the individuals have consulted their union rep who is trying to put forward a legal argument.

Are there any grounds for a legal argument?  Are the company not liable if they make redundancy’s where there are none?

You’re expert guidance would be much appreciated.

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