Redundancy and alternative job offer

Lucias_mum

Hi everyone

I just need some words of advice. I am 42 and have worked at my place of employment for 11 years.

I am in a pool of two people to be made redundant, one being myself. My colleague is 62 years of age and has worked for the company for 19 years.

Before the official redundancy process went underway my boss called me into the office and offered me an "enhanced package" to go quietly. I refused this as it didn't in fact offer me much above what I am entitled to anyway. My colleague was not offered this package. She was just asked if she would take voluntary retirment/redundancy and she refused.

Anyhow, we were called into a Consultation meeting and my boss e-mailed me three days later saying that I had been chosen for redundancy. I immediatley requested an appeal because it was blatantly unfair in my opinion - there are lots of issues between myself and my colleague.

I was in the process of arranging this appeal when my boss e-mailed me and said there was an alternative job available at another office 15 miles away and I was to go and investigate it and see if it was suitable. It is an office junior job - I am a qualified and skilled Legal Secretary :eek:

What I would like to know is should my colleague have been offered the chance of this job as well as myself bearing in mind that a date has not yet been set for my appeal to be heard so in effect we are both still employed by the company until that is heard?

This whole matter has been handled dreadfully so I just need to know what is my position now? Am I entitled to refuse this office junior job and proceed with my appeal and also am I within my rights to enquire if my colleague has also been approached about this job? (I'm sure she hasn't). Any advice would be appreciated.

mum.s

Don't know much about Redundancy, but have you tried ACAS, you can view them on line at:

www.acas.org.uk

or there is a helpline number

0845 747 47 47

hope that helps.

CFC

LuciasMum, if you are both equally and identically skilled and both at risk, with an identical contract, then the job should be equally available to both of you. However, you are not equally at risk. You have been selected for redundancy, and an appeal will look at that again, but unless your appeal is upheld, the current situation stands ie it is only you who they are offering a potential alternative employment.

To be honest, you do not know what your colleague was offered. The offer was of voluntary redundancy/early retirement, so you cannot know what package it was. People tell lies in these situations, and their contracts may also differ, please bear this in mind.

McKneff

I think i am reading this right, so your colleague is female and she is 62. Retirement age for females is 60
She is two years over retirement age so if she was let go she wouldnt get a redundancy package. This right is lost on reaching retirement age.

sporedude

Take the other job, This current climate is too risky to be picky about jobs and such.

Mini_Bear

would taking the junior job mean u carried on with your curent contract 9and 11 yrs service) or wud u be made redundant and re-employed. This is serious as if u were to start all over again in the new role u may b made redundant. but if they keep ur 11 yrs service they will hav to make a large payout.
i know this is a bad situation op but in 3 yrs ur colleague will be forced leave her job (retiremembet age of 65) so u could then apply for her role?
i know it will be demoralising but would they offer u a reasonable pay? as a junior u will hav little responsibility/stress and could perhaps focus on doing courses and adding to ur experience. perhaps you could negotiate a training package with your employer as part of ur job to enhance ur current skills?

Horace

If you are on under notice of redundancy and you are re-deployed into another job with the same firm then you do not get your redundancy pay and your employment should be classed as continuous although you would be on a different contract with different hours and presumably a different rate of pay.

If you take this job and work for 4 weeks and then decide its rubbish then you could take redundancy (I think I am right in saying this - its been over 12 months since I was made redundant and things are a little hazy now as its a period I would prefer to forget).

McKneff

i know this is a bad situation op but in 3 yrs ur colleague will be forced leave her job (retiremembet age of 65) so u could then apply for her role?

Retirement age for females is 60 not 65

Lucias_mum

Thank you everybody for your replies.

However, I thought you were still able to claim redundancy pay at 62? Age discrimination laws and all that ...

Debt_Free_Chick

anniehanlon wrote: »

i know this is a bad situation op but in 3 yrs ur colleague will be forced leave her job (retiremembet age of 65) so u could then apply for her role?

Retirement age for females is 60 not 65

State Retirement Age for some women is currently 60, but effectively 65 for both men and women.

However, SRA has nothing to do with employment - the contractual retirement age is that stated in the contract/terms & conditions of employment.

All that said, there are now no age limits for redundancy. If you are employed and made redundant, you get statutory/contractual redundancy pay whatever your age.

McKneff

Thanks for that DFC, i genuinly did not know that, food for thought indeed.
i get to retirement age in October so now have to make even more decisions.
Do you have a link to this information so i have something on paper,