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I am being made redundant from my job as an educational consultant.

My employer, a Local Authority...
I am being made redundant from my job as an educational consultant. My employer, a Local Authority, is offering a generous voluntary redundancy package but the conditions are that I can never work for the Council in any capacity ever again. Is this legal?
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Answered in 4 hours by:
10/7/2010
James Mather
Category: UK Employment Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
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The council or that council inparticular. It seems an odd stipulation? Why would they do that? have you had any problems? Thanks

J

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Customer reply replied 7 years ago
It is Stockport Council that has made the decision that no one can ever work for them again in any capacity if an employee accepts Voluntary Redundancy. I am questioning whether this stipulation conflicts with European Employment Legislation on freedom to seek employment.

The reason that has been given for this decision is that 2 years ago, employees in the IT department accepted VR and then 8 weeks later took up highly paid jobs in a similar but newly created department. The Council considers this to be immoral and they want to avoid repetition of this. I have made the point that this aim could still be achieved by having a less punitive stipulation eg. you can not work in Stockport until the amount of money which you receive has run out at the point at which it would have expired had you been paid. So, if you earn £30K pa and you receive £30K in from VR, you would have to wait a year before working in Stockport again.

One of my concerns is that the Council is using this condition to put people off seeking VR and whether this compromises the fairness of the offer.

Thanks

Steve XXXXXXXXXXX

Thanks. Not too far from me. My ex Motherin Law lived in Offerton.

 

If it went to court it isnt enforceable. A "for ever" stipulation would be struck out. The most that can be got away with is about 12 months and more likely 6 months. It depends on job and geography.

 

They should do it differently and issue the edict to their staff not to employ ex employees. That is enforceable against staff but not against you. If you manage to slip under radar, they couldnt sack you without you going to tribunal and likely winning.

 

Good luck

 

JL

 

 

 

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Customer reply replied 7 years ago
Hi James.

This is very helpful. Do you have any case law on this issue? And is there a particular section of European Law which conflicts with the Council's stipulation?

Steve

I dont know aboutEU law but remeber EU law doesnt bind it merely directs UK to revisit its own laws.

There are too many cases on unfair restrictive covenants in employment conracts to list here. It is well settled law.

Citing cases is done after extensive research when preparing court bundles. We send to counsel.

 

J

James Mather
Category: UK Employment Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
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