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  • FIRST POST
    • Lana123_
    • By Lana123_ 19th Jun 17, 8:35 PM
    • 2Posts
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    Lana123_
    Consultation period/Redundance
    • #1
    • 19th Jun 17, 8:35 PM
    Consultation period/Redundance 19th Jun 17 at 8:35 PM
    New to the forum so apologies if not posting where I'm supposed to.
    I am currently in consultation and my position is at risk of redundancy, already had 2 consultation meetings. This is due to team restructure and there will be just re-distribution of duties, which is really needed to be honest. So there are new positions and we all have a chance to apply for and I did apply last week on Friday and now have to go through a selection process which is a total farce as I know they already know who's doing what but they have to follow the procedure. My question is - I have applied on Friday but changed my mind today - I'm tired of the corp games and I want to take the redundancy, can I withdraw my application without affecting my redundancy payment? I've been with the company for 9 years.
Page 1
    • sangie595
    • By sangie595 20th Jun 17, 7:29 AM
    • 3,721 Posts
    • 6,088 Thanks
    sangie595
    • #2
    • 20th Jun 17, 7:29 AM
    • #2
    • 20th Jun 17, 7:29 AM
    New to the forum so apologies if not posting where I'm supposed to.
    I am currently in consultation and my position is at risk of redundancy, already had 2 consultation meetings. This is due to team restructure and there will be just re-distribution of duties, which is really needed to be honest. So there are new positions and we all have a chance to apply for and I did apply last week on Friday and now have to go through a selection process which is a total farce as I know they already know who's doing what but they have to follow the procedure. My question is - I have applied on Friday but changed my mind today - I'm tired of the corp games and I want to take the redundancy, can I withdraw my application without affecting my redundancy payment? I've been with the company for 9 years.
    Originally posted by Lana123_
    No, you cannot. The employer is expected to make every effort not to make you redundant. You are expected to make every effort to not be made redundant. If you refuse, even if you refuse to apply for a suitable job , then you are resigning and the employer is within their rights to refuse redundancy payments. Redundancy payment is not a long service award for people who don't want to work somewhere any more.
    • Lana123_
    • By Lana123_ 20th Jun 17, 10:48 AM
    • 2 Posts
    • 0 Thanks
    Lana123_
    • #3
    • 20th Jun 17, 10:48 AM
    • #3
    • 20th Jun 17, 10:48 AM
    Thanks for your reply, I knew it wasn't going to be much different but just wanted to ask... I should have taken the redundancy package and go and I'm financially ok to do so so I belive out of fear from the unknown I just decidsed I have to do everything possible to stay in a job I don't like any more... stupid decision but it is what it is.
    • superbigal36
    • By superbigal36 20th Jun 17, 1:16 PM
    • 647 Posts
    • 357 Thanks
    superbigal36
    • #4
    • 20th Jun 17, 1:16 PM
    • #4
    • 20th Jun 17, 1:16 PM
    You say you already know who is going to get the jobs.
    I assume you believe you will ?
    Just flunk the interview if you do not want the job.
    • getmore4less
    • By getmore4less 21st Jun 17, 9:29 PM
    • 29,760 Posts
    • 17,795 Thanks
    getmore4less
    • #5
    • 21st Jun 17, 9:29 PM
    • #5
    • 21st Jun 17, 9:29 PM
    The you must apply for jobs during consultancy or you have resigned is a scam.

    Until you are put on notice by reason of redundancy you still have a job.

    The purpose of consultation is to look for reasons the job may not be redundant or mitigate the impact by looking at alternative ways to deal with the need to reduce workforce.

    Having to apply for jobs is not consulting.

    By applying for any position you give up your rights that you have during proper redundancy procedures as the application is an automatic acceptance that the job being applied for is a suitable alternative, the employer then can decide if they consider it suitable but you can't refuse if they give you the job.

    You also give up your rights to trial periods.

    If the employer thinks it is potentially suitable there should be no need to do any application it should be an automatic process(your obligation is to highlight the ones the employer might have missed)

    You should only be required to be considered for potentially suitable alternatives, and the process you want to go through is deciding mutually if any of the positions on offer are suitable with trial periods if there is any doubt or training requirements.

    the mutual requirement is to identify potentially suitable alternatives for all of those that a re potential displaced and do a selection process.

    failure to apply is not a resignation if you consider none of the jobs suitable alternatives.
    Refusing to accept a suitable job is(or an ET if you disagree).

    if employer insists you must apply then insist on full T&C of the new job so you can assess if it is a suitable alternative.

    Without knowing what you are applying for you can get stitched up big time.
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