Positive Redundancy Question

[Shortie]

Hi everyone

There is a re-org going on in our place at the moment and thought nothingis official until 31st this month, it's pretty much a dead cert that our team's work will be relocated to another country and our team found other roles.

There are forcee and voluntary redundancies going on left right and centre at the moment, and I wondered where if anyone knew the answer to this:

If I don't want to take another role, can I push for my redundancy package? In theory they will have taken my job away as it will cease to exist, but there is probably another role I could take,even if I'm not interested in the work. How does that work?

My boss took me aside the afternoon to ask what I feel I want to do, as he said if I want redundancy, he'll start building my case for me now rather than later (i.e. I wanted to come off Maternity Leave as Part Time but was refused etc, etc...) but he's not sure how it works himself, and wasn't even sure he should be asking me what I want yet, lol!

Or... is it down to every company as to how it works?

[SarzWix]

Not sure of the answers Shortie, but these 2 sites have useful info.

Acas - Redundancy

Redundancy Help Redundant ? Sacked ? Fired ? Terminated !

[quark1]

I have both personal and 2nd hand experience of this.

My (former) company operated a system whereby the team/individual selected for the chop was given notice of this - usually 90 days. During this time you could look for another job either within or without the company. Obviously either route to another job will knock any redundancy payment on the head if taken.

At the end of 90 days, a further 90 days consultation period began. You could still look for a job internally/externally - but when you have entered the later phase - it is more likely another position will not be found for you inside the company. During this time the company might also offer you a transfer to another department which might be closely allied to your current job or similar enough that with some training you would cope.

If you persist in refusing what the company might consider a 'reasonable job offer' - grade, content, location, benefits etc - they 'could' at the end of the final 90 days deny your right to a redundancy package. I would recommend that you should negotiate some kind of competancy arrangement whereby should you be unsuitable for any job forced on you that you can recall the redundancy package.

You have to weigh up whether you 'need' a job in that particular company badly enough to take 'anything' as an interim measure and work towards something else. You can - and I would strongly recommend you do - apply for other jobs - even if your heart's not in it. Just stuff up the interview a bit and get the turn down. That way if you want the redundancy package your employers will find it difficult to wriggle out of their responsibilties financially.

In theory - even if you are made redundant - and I know its most unpleasant being told you're no longer wanted even though you've put so much into your job - that does not stop you reapplying for work at that same company in the future. Each company will have its own minimum period before you can apply for a job again.

The first time I went back after 2 weeks at their request as a contractor on salary+30% - which I kept when they put me back on the permanent staff 6 months later! They had made a mistake in selecting me and not looking at the job I did - strange how the nodding dogs who massage the egos of management seem to survive and those who are brave enough to speak out against corporate folly are punished. I also kept the redundancy cheque! There were many rumours at the time that people were selected on personality rather than competance or job disappearing. Thechnically speaking redundancy can only apply where the job itself no longer exists - many firms use it as a ploy to rid themselves of people the management simply don't like for whatever strange reasons known only unto them or who consistently underperform!

I also had the attitude going forward that they needed me much more than I needed them.

2nd time there was no reprieve - job dwindled and functions sent to India - along with many others - so took the cheque but not before going thru 180 days of hell and stress. My son was just 13-14 at the time and even he said - mum why don't you walk away? Trouble is that would have played into their hands and saved them big wads. I've not worked since 2000 - other seriously desperate family factors other than not seeking work - savings going and living hand to mouth.

Also if you take maternity leave - even though you say you don't want another role - your company is only obliged to find something of equivalent standing within the company for which you are qualified. So either way you may not get the job/content you really want.

You seem to have a pretty decent boss who is prepared to work with you.

Whatever your choices make sure you have everything in writing - the choices and your subsequent committment to any taken. I would also suggest that you look on websites which deal with current employment law including redundancy.

Good Luck - its not going to be a pleasant time - but at least you have the distraction of an impending happy event.

[Mikey]

Is this a private company or local government shortie?

[jacob marley]

Well at least you will get away from Gasbag Bess jacob marley

[tootles]

I think I am right in saying that unless your company offers you a similar job, ie equal (or more) money and equal (or more responsibility) doing the same job description, then you are not obliged to accept. If it is forced upon you you could even go down the constructive dismissal route (they wouldn't pay redundancy, so gave me a crap job to make me leave etc). The bottom line is that if your job no longer exists (and there is no directly suitable alternative) you are redundant. My husband had this last year - that's why we are here!!!!
Good luck.

[Shortie]

Is this a private company or local government shortie?

Private company, in the banking sector

Thanks for the info everyone. I'm not too stressed about it because:

(a) I know there will be another job here if I want it

(b) I was thinking of leaving anyway as it's not what I want to do (hence I'd prefer to take redundancy rather than another job) so it'l be the shove I need to find something else

It's just good to know where you stand

[Shortie]

Well at least you will get away from Gasbag Bess jacob marley

Tres true JM

[Two_Sheds]

this is what happened to me: my position was not being made redundant*, but they wanted rid of me. So they 'promoted' me to a different role ... and 6 months later that role was made redundant.

* At the time, I didn't know redundancy was even on the cards, until after I'd been 'promoted'. Sneaky, huh?

[willowstar]

hi

this happened to me recently. I worked for the nhs, my contract came to an end and I was told I had to apply for whatever the HR people said matched my qualifications and experience. we didn't see eye to eye, they recommended me for jobs that were in my opinion beneath me, I didn't apply for them and therefore ended up with no job and no redundency, having been with the nhs for about 11 years was highly peeved but had no chance of winning against them. now, I am stubborn. I could have gone along with it and done the jobs they said I should but I didn't. so, yes, you have to take what they give you so long as they come up with 3 alternatives. the alternatives can be below the grade that you are but you will get protected salary so a time. lots of people adviced I do as above, go for interviews, make a mess of them then don't get the jobs but there is no way I could do that. good luck.

[Shortie]

Problem is, if I muck up the interviews, would it cause embarassment to my boss? when our department dissappears he's planning to stay and fit into the new organisation structure

I know it sounds strange and 'should I care', but this is the first boss I've actually really liked to work for and who has my full respect

[Two_Sheds]

I know it sounds strange and 'should I care', but this is the first boss I've actually really liked to work for and who has my full respect

Yeah, but he will still stab you in the back if he has to.
Think of number one, shortie.

[tootles]

Go and see your local Citizens Advice Bureau. They will tell you exactly what your position and rights are. Don't make any descisions until you know what you are dealing with. If neccesary they will handle tribunals too........

[SueA]

If they're asking for voluntary redundancies & you want to go then just volunteer. If not I think it depends on the company & how they want to deal with it. At the company I worked for when part of the operation relocated they made some people's jobs redundant & made them re-apply for the new ones so that they could get rid of people they didn't want to take with them which was a bit sneaky. On the other hand when the rest of the office relocated they wanted me to go with them & I didn't want to travel so I asked if I could have redundancy & after they realised I wasn't going to move (my boss even offered to get a taxi to take me there until I got used to it!) they agreed to make me redundant. I'd check out your options & get your boss to look into it but don't just leave & get another job now & miss out on possible redundancy money.

[Macka]

all redudancy stuff is nasty. I was made redundant 3 weeks before I gave birth to my little boy.(they kept my maternity cover ...he was a male!!) Because i was made redundant, the company refused to pay my maternity(apparently i wasn't working for them any more) The State didn't want to pay either, because i was entilled maternity from my company!!!...had enough, took them to court for sexual discrimination and won over 20k
I know how you feel about loosing your job, but everything happens for reason...something better and bigger waiting for you :-)