View Full Version : Help! Redundancy rights, can I not accept a job they offer me?


JanPud
27-07-2011, 08:46
I'm up for redundancy but they have interviewed me for a job within the company.

I really dont want it, I have been unhappy within the company for years but if I get offered the job, can i turn it down? Would I still get my redundancy pay?

AHHHH!

Sorry if this doesnt make sense, can anyone assist?

indizine
27-07-2011, 09:01
Why don't you discuss it with them. Ask if you can take voluntary redundancy, they might snap your hand off. They are after all, only following the right procedure. I guess you were hoping to get the chop and get a redundancy payout. You may well still get that anyway. You surely wouldn't have given the best interview if you didn't want the job.

JanPud
27-07-2011, 09:14
Hi Indizine,

Maybe I should do that, but obviously its a massive risk in terms of if i find another job to go into. Unfortunately, I think I gave a good interview hence me being worried that I might get it and dont want it. Ahhh what to do!

JanPud
27-07-2011, 09:21
PS many thanks for replying so soon x

indizine
27-07-2011, 09:37
Why give a good interview? Couldn't you have look disinterested at least? That would have worked! If you turn it down, that is you resigning effectively. As part of redundancy they can only pay you for that if they can no longer emply you in a role there and what they do is try and interview you to place you elsewhere if possible, usually after a re-structure of roles. Those that are not re-employed into a new role, get made redundant. If you refuse you forfeit the redundancy. Sounds like you were hanging on for that, but it's worth asking if they are wanting volunteers. In this climate, most don't as they may not get another job. That's a risk you take. You really should find another job whilst employed, because that redundancy money won't last long and you could lose that in lost wages by not getting another job and could in fact end up worse off financially.

Grandad.Malky
27-07-2011, 09:42
Giving you a “cross-match” within the company could be a way of saving on having to pay you redundancy, could you find yourself in the same situation again shortly but on worse terms if the job isn’t equivalent to the one you have now.

JanPud
27-07-2011, 10:28
Why give a good interview? Couldn't you have look disinterested at least? That would have worked! If you turn it down, that is you resigning effectively. As part of redundancy they can only pay you for that if they can no longer emply you in a role there and what they do is try and interview you to place you elsewhere if possible, usually after a re-structure of roles. Those that are not re-employed into a new role, get made redundant. If you refuse you forfeit the redundancy. Sounds like you were hanging on for that, but it's worth asking if they are wanting volunteers. In this climate, most don't as they may not get another job. That's a risk you take. You really should find another job whilst employed, because that redundancy money won't last long and you could lose that in lost wages by not getting another job and could in fact end up worse off financially.

TBH I have been looking for alternative jobs to leave the company for a while and have never had any luck in my interviews for the time i have been looking so i thought i'd interview badly. There may be other things stacked up against me that may mean i dont get the job too. I'm aware that if they offer me the job that I would have to work a trial period etc and then state why i think its unsuitable. I'm searching as hard as i can and at present, I have a job lined up through a friend that may not be a definite, but is fairly certain.

I have just sent an email asking for voluntary redundancy stating I wouldnt be happy or comfortable to continue to work for the company.

Guess I'll see what comes back.

strangerthe6
27-07-2011, 11:06
The job you have gone for must be exactly the same pay, conditions, location etc. If it's not they can't get out of paying redundancy. If you google redundancy there's loads of useful info comes up.

MobileB
27-07-2011, 11:40
If they offer you an alternative position, it should be on "similar" terms and cons to your existing position. There are really two tests to this. First is pay and general terms, second is roles and duties. If you unreasonably refuse the offer of alternative employment then you are not entitled to SRP.

There a statutory right for the position to take the form of a four week trial and if there are significant differences then you could claim your right to SRP. However, if the company disagrees with you then the matter would have to go to ET and it can be hit and miss, to be honest, if you would win or not.

Not sure sending an email saying you would be unhappy if you continued to work for them was the wisest idea, although I agree that the offer to take Voluntary Redundancy could help. If they refuse this though, bear in mind my comments above.

The following factsheet info probably explains it better:

"Employers must consider offering suitable alternative work and are expected to look for alternatives throughout the organisation. There is an offer procedure dealing with this. The law removes entitlement to a statutory redundancy payment if an employee unreasonably refuses a suitable alternative. An employee is entitled to a four week trial period in a new role. If the employer and employee then agree that the role is not a suitable alternative, the employee reverts to being made redundant."

steveroberts
27-07-2011, 13:17
JanPud, listen to MobileB; he is an expert in this area...hope it works out.

indizine
27-07-2011, 13:20
I thought he was a she...

steveroberts
27-07-2011, 13:27
I thought he was a she...

He is a big girls blouse and a blade if that helps :hihi:

MobileB
27-07-2011, 14:51
I am still here you two! Sandra - just cos I'm in touch with my femininity ...... Steve - all Weeds supports are what is in side a big girls blouse ;)

steveroberts
27-07-2011, 14:56
Touche mate!

indizine
28-07-2011, 08:02
I think I might have got your username mixed up with someone else....who was female!

JanPud
28-07-2011, 08:10
If they offer you an alternative position, it should be on "similar" terms and cons to your existing position. There are really two tests to this. First is pay and general terms, second is roles and duties. If you unreasonably refuse the offer of alternative employment then you are not entitled to SRP.

There a statutory right for the position to take the form of a four week trial and if there are significant differences then you could claim your right to SRP. However, if the company disagrees with you then the matter would have to go to ET and it can be hit and miss, to be honest, if you would win or not.

Not sure sending an email saying you would be unhappy if you continued to work for them was the wisest idea, although I agree that the offer to take Voluntary Redundancy could help. If they refuse this though, bear in mind my comments above.

The following factsheet info probably explains it better:

"Employers must consider offering suitable alternative work and are expected to look for alternatives throughout the organisation. There is an offer procedure dealing with this. The law removes entitlement to a statutory redundancy payment if an employee unreasonably refuses a suitable alternative. An employee is entitled to a four week trial period in a new role. If the employer and employee then agree that the role is not a suitable alternative, the employee reverts to being made redundant."

Well the job in question is my job mixed with soemone elses so there are differences. I'm just hoping they accept my voluntary redundancy offer, I havent had a reply as yet and we are due to find out this afternoon who has got the job/will be made redundant.

Sigh....this whole thing has been horrible :(

Thanks for everyones help

ibbo
01-08-2011, 20:56
This is like a soap. But dying to know, what was the outcome please?

JanPud
01-08-2011, 22:16
Well they didn't give me the job I was relieved to hear and didn't discuss my email in respect of voluntary redundancy either.

I'm off work paid until next tues when the consultation period ends as they may change their minds as they say they've had to do it before.

However, I've been for an interview today and I think I've got the job!! Just need to hear the final outcome from old employer.

wizz wizz
03-08-2011, 01:56
this sounds very much like wht been hearing a lot from with the NHS at present basicly bully into leaving so not intitled to redunancy