Redundancy- But not soon enough

superclan

I was wondering if anybody can help?
Last year my department were informed that we were going to be outsourced to an external company. The company gave the option of transferring to the new company or taking redundancy. TUPE would not apply because of ETO.
After consultation they offered the Department alternative role which meant longer shifts for 22% less money, as this was not a suitable alternative they would still honour redundancy if an individual did not want to stay (this was January).
Myself and another colleague have decided to take redundancy (he has done 33 years, myself 8 years).

My dilemma is that we have not yet had formal written notice, however they have started interviewing for our jobs on the new T&C's. I gave a written request 3 weeks ago to leave at the end of June which was declined on Tuesday by my line Manager. I received a phone call yesterday with the offer of a Full time job starting 28th June and its one I can neither refuse or ask if I can start a bit later.

As the job is not the same as it is currently would I still be able to hand my notice in and be entitled to redundancy pay?

getmore4less

How suitable is it?

Could ask for a trial IMO (any HR/legal want to comment)

If they give a trial it is a potential suitable alternative so normal redundancy rules apply if you find it not suitable then you can say so and get redundancy.

if no trial then it is a new job so you can refuse it.



What were the ETO reasons for people not transfering to the new entity under TUPE, if there were jobs there it looks like it is a deliberate attempt to avoid TUPE.

Weirdlittleman

No If you resign prior to the redundancy date you are not entitled to redundancy pay.

You can negotiate with them to leave earlier but they are in no way bound to let you go early so you can start alternative employment and still pay you your redundancy.

Its an unfortunate situation for you however I would suggest at 8 years service the redundancy is probably not worth risking turning down a job.

getmore4less

Weirdlittleman wrote: »

No If you resign prior to the redundancy date you are not entitled to redundancy pay.

You can negotiate with them to leave earlier but they are in no way bound to let you go early so you can start alternative employment and still pay you your redundancy.

Its an unfortunate situation for you however I would suggest at 8 years service the redundancy is probably not worth risking turning down a job.

My reading was the job is with the current employer to avoid redundancy

getmore4less

here is the previous thread
https://forums.moneysavingexpert.com/discussion/2085207=


Still not clear why you did not TUPE over.

Weirdlittleman

getmore4less wrote: »

My reading was the job is with the current employer to avoid redundancy

Maybe the OP can confirm but my reading is the OP is talking about a job with a new employer but the current employer is doing their recruiting on the new terms etc first before making OP redundant.

getmore4less

Might be right on a re read,

If they got wind there was a job offer in the pipeline then they have probably just saved themselves a redundancy payment since the OP is only at risk and no notice of termination has been given yet.

superclan

Many thanks for the responses so far.
May I elaborate more?

My company last year decided that part of its Distribution Centre (DC) was moving location to a premise 35 miles away. This immediately placed over 130 full-time staff in consultation my department (Security) was also involved in this.

The company offered everyone the chance of re-applying for a job at the new DC (however they would have to meet a matrix) if they did not want to move to the new premise they would be made redundant. Due to new T&C's and a £2.00 per hour wage decrease not many people applied for the jobs.

My department were not offered the choice of moving to the new DC and were told that we would be out-sourced to a contract company. Now due to there being a change in the work that we do they could instigate ETO so if we wanted we could join the contractor on there T&C's (this would be at least £4.20 per hour less than what we are currently on) or take redundancy. This was last October, in December after our request they came back with a proposal that would keep us in a job, however this was again under new T&C's and would involve a £2.00 per hour wage decrease and extend our working week by 8 hours (12 hour shifts compared to 8). Now as this was not a suitable alternative they offered the choice of accepting the job or taking redundancy. Our team consists of 5 and under the new proposal would require 1 extra so they recruited a colleague from the DC that was under threat of redundancy. Myself and another decided that the new job was not to our liking and decided to accept redundancy. They have obviously accepted this as they have advertised and interviewed for our jobs. As we are the Security Dept they want us to stay until the end of the DC move and then will change the contracts to the new one. We have not yet been put under written notice of redundancy because the project is behind schedule.

On Wednesday I was offered a job starting 28th June (outside of the company). It is not a question that I will not take this job but I want to know if I have enough grounds to take this to an ET if they do not agree to pay me any redundancy. I have read that if you are under written notice and get another job they have to honour it. I have kept all the correspondence throughout the process so would this suffice?

It is approximately £7,500 so its not to be sneezed at without some sort of fight, but also I have share options with the company that if I am made redundant I can continue to pay for a further 6 months and then cash in, again this will also be quite a sizable amount. In all for the sake of a letter I stand to loose £21,000.