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  • FIRST POST
    FleetFanatic
    Voluntary vs Compulsory
    • #1
    • 23rd Apr 09, 2:36 PM
    Voluntary vs Compulsory 23rd Apr 09 at 2:36 PM
    Can an employer offer voluntary redundancy at a rate lower than that of compulsory redundancy?

    The story goes like this..... I am ex-British Rail staff, protected by TUPE.
    No new contract has ever been signed by myself, so as such, my terms and conditions mean that I am entitled to 2 and a half weeks pay for every year of service. The company asked for anybody interested in voluntary redundancy to inform them, which several of us have. Prior to my enquiry I even asked if safeguarded staff stil got a higher amount & the reply was yes, although the exact "higher amount" wasn't stated in the reply.

    They have come back with offers of only the bare minimum statutory redundancy, saying they only have to honour our contracts in the case of compulsory redundancy.

    Unions say this isn't correct, but the company are adamant. You would have thought, like most companies do, that they would want to offer an attractive enough package to make people take it?

    I have a meeting tomorrow to discuss my own personal situation, but I can't help feeling that they are not allowed to discriminate in this way and still have contractual obligations, whether redundancy is voluntary or compulsory.

    What I really need is something in black and white stating that redudancy is redundancy, regardless of its form. Which is why I am now busy trawling the net for examples!
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