Voluntary Redundancy refused - Vacancy

wobblegobble

I have a situation in my department where someone has asked for voluntary redundancy but this has been refused because we have a current unfilled vacancy in our department? This person is now expected to fill this position instead of taking voluntary redundancy. Is this legal? I would have thought that the vacancy would have to be advertised first and then the person could apply for it if he/she wanted to?

The vacancy is very similiar to the current role the person is doing but obviously he she would rather take the severance package and leave? Advice appreciated.

bristol_pilot

Yes, it's legal. No-one is entitled to redundancy.

McKneff

Its a no brainer, really. Why would the company make someone redundant when the job is not redundant. Why would they give this person x amount of £ then have the trouble of recruiting and training new staff.
The persons job is not redundant so therefore cannot expect redundancy or redundancy payment.

In all honesty would you do it if you were an emplyer.

Blue_Diamond

This is legal

wobblegobble

Thanks for replies. The person's job is redundant. They are being expected to fill the other vacancy in the department. There are other people at risk in the company who could fill the vacancy as well, so no additional cost to the company. Just seems odd keeping someone on who is not going to stay there anyway and then letting other people go who want to stay.

amcluesent

IIRC, once someone is notified of being 'at risk' for redundancy they would be put into a redeployment pool. If they can be 'slotted' into another role with better than 75% skills match and no material detriment (i.e. location/salary) then they'd be expected to take it. If they refused, it would be deemed to be a resignation.