Redundancy Pay

Crease2000

The company I work for made a decision to delete the positions that I and 7 colleagues held and required us to re-apply for our jobs under new terms and conditions.

I, unfortunately failed my interview and was told 6 weeks ago that I would be made redundant. For reasons of anxiety, depression and alcoholism (for which I am awaiting rehab), I have been signed off sick since then. I am still currently on the company payroll.

I have refused to attend a face to face consultation to discuss matters, but have agreed mutually with the company to communicate via email.

On Friday 07th May 2010 at 4.30pm I received an email from the Head of Human Resources inviting me to apply for 3 vacancies that are currently available within the company. It states the following:

"If you do not want to be considered for any of the above positions, as we have set out during consultation process to date, we will be looking to make your post redundant. I would therefore request that you respond to me with your decision on whether you wish to be considered for any of the above positions by 9.30 am on Tuesday, 11th May 2010."

I have no desire to return to the company, and besides, it would be impractical as I am currently awaiting a referral which will eventually send me into a detox for a week with ongoing support required at groups sessions 3 mornings per week.

I should be entitled to at least one weeks pay for every year that I have worked for the company (6 years in my case).

My question is this. If I was to decline the invitation to apply for the positions, would I still be entitled to my redundancy pay?

Many thanks for any advice that you may be able to give me.

lucylucky

If they offer you suitable alternative employment and you do not take this up then - no you would no longer be entitled to a redundancy payment. (probably)

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

Crease2000

Thank you, lucylucky, that's a very informative link.

I'm going to be signed off work for a few months whilst I am cleaned up and am therefore unfit to attend an interview, let alone do a job. I think that it's unreasonable for the company to expect me to attend whilst I am under the care of my GP?

Hmmm, it's complicated.

lucylucky

Nothing is ever simple - sadly

sagalout1954

You must email and ask for sight of the job descriptions. If you fail to respond, or merely say you don't want the jobs then they won't have to pay your redundancy, you'll be deemed to have made yourself unemployed - losing your redundancy payment.

However, if you at least pay lip service to being interested you may still be able to pursue your redundancy payment - particularly if these jobs aren't remotely suitable (without having seen the JD's you are in a weaker position to argue suitability).

If any of them would have suited you once you've checked them, then email and say you would be interested, but cannot be interviewed whilst off sick with no idea when you will be fit to come in for interview!

They may not wish to 'hold' any of the jobs until you are fit for interview, in which case you may still qualify for your redundancy payment. Even if they do 'hold' one of the jobs until you are fit, IMO you'd be better subtley 'failing' at the interview, then still be in line for redundancy payment.

getmore4less

Crease2000 wrote: »

I should be entitled to at least one weeks pay for every year that I have worked for the company (6 years in my case)

Are they offering enhance redundancy?

The statutory weeks pay is capped at £380.

They will still need to pay notice at full pay of a minimum of 6 weeks.