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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I volunteered and in my leaving letter my previous employer

Customer Question

I volunteered for redundancy and in my leaving letter my previous employer titled it termination of employment and in my reference they said I had been selected for employment and it is causing issues with my new employer
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: UK
JA: Have you talked to a lawyer yet?
Customer: no not yet
JA: Anything else you think the lawyer should know?
Customer: This is the wording of my termination letter, if I show this to my new employer is it enough to prove I volunteered for redundancy although they skirt around the issue and don't call it that
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Customer: RE: TERMINATION OF EMPLOYMENT
The purpose of this letter is to confirm a recent review by Daviot Group of its operational requirements following the loss of a major contract. As you are aware the company is downsizing and several roles will no longer be required. As discussed with Rachel on 24th May your department was identified as being eligible for staff cuts.
I appreciate this has been a difficult decision tor you to make and thank you for agreeing so promptly.
As agreed you will not be required to work your notice period. You will be paid up to and including Friday 27th May 2016, which will be classed as your termination date.
In accordance with your Contract of Employment your notice period entitlement is 4 weeks, which will be paid to you in lieu of notice, in your final salary payment on Friday 3rd June alongside the additional 4 weeks of redundancy pay as agreed.
You will be entitled to any accrued, but unused, annual leave and I will ensure that any outstanding monies due to you will be forwarded to you. Your P45 will be issued in due course.
Can you please return all company property on completion of your last day of service to your line manager.
I wish to thank you on behalf of Daviot Group for your hard work and contribution and personally wish you all the best for the future.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Why is this causing an issue with the new employer?

Customer: replied 1 year ago.
When previous employer gave reference they said I was selected for redundancy whilst I had told new employer I volunteered. My new employer is being very picky
Customer: replied 1 year ago.
Because my old boss told new employer I was selected for redundancy and did not volunteer they have said my job is at risk
Customer: replied 1 year ago.
I had to get a copy of my termination letter to pass to new employer as they want to see it. When I first received the letter I did think it was odd it was titled termination of employment and they seem to have gone out of their way to avoid saying I volunteered for redundancy.
Customer: replied 1 year ago.
I'm just wondering if the letter will be enough proof?
Expert:  Ben Jones replied 1 year ago.

Termination of employment occurs regardless of whether you were selected for redundancy or volunteered for it. This is not wrong – termination means your employment is ending, your employment would be terminating following resignation and it would also be terminating after dismissal, so the same term would apply in either case.

What would help clarify matters in the letter is the following:

“I appreciate this has been a difficult decision for you to make and thank you for agreeing so promptly.”

This obviously suggests that you had agreed to be selected rather than being picked without our consent. However, this is the only thing in it that suggests you volunteered and whether it is enough is really for the new employer to decide. Sadly there is nothing to guarantee this will happen.

What you can do instead is accuse the old employer of providing a negligent reference.

This is your basic legal position. I have more detailed advice for you in terms of the law on negligence in references by employers, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

edit

Expert:  Ben Jones replied 1 year ago.

sorry please ignore the above, as mentioned in terms of your case the earlier response is your basic legal position. I have more detailed advice for you in terms of the law on negligence in references by employers, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you