Redundancy revoked after finding a new job?

RATHBONE

Hope somebody can giove me advice! I was made redundant from the council after being there 5 years. I managed to secure another job before they could secure me alternative employment and now they are saying I am not entitled to my redundancy, even though I have 3 days left off work in this job!

It has only come to light now that they are trying to offer me jobs even though I have been waiting for three months since notified!

Is this fair, I don't know what to do because I want to start my new job and be entitled to my redundancy, I feel like crying!

liney

Have they actually given you written notification that you will be made redundant on X day, or are you under threat, which is they are tying to find you an alternative post?

Te_Awamutu

Hi Rathbone,

I currently work for a Council in their HR team, so I hope I can help. This is quite a difficult one to advise on without having all of the details, but there is a possibility that you won't be entitled to a redundancy payment in your current situation. There are a few scenarios that could have an impact on what you are entitled to, so I'll go through these:

1) Your council has an obligation to try to find you alternative work before you leave your current job (that means right up to your last day in post). If they are offering you a new job doing something similar to what you have been doing on a similar salary, then they have done everything they can for you. If you choose not to take a job they offer, you are effectively resigning and will not be entitled to a redundancy payment.

2) If your new job is for the same council, another council or a public body (eg school, police, district council etc) then it it likely that it will be covered by a legal document called the Redundancy Modification Order. If this is the case, you will not be entitled to a redundancy payment, but you will be able to carry your 5 years service with the council into your new job. This service will then be taken into account if you are made redundant in the future.

3) If you have chosen to leave your current post to start your new job before your redundancy notice expires, you won't be entitled to a redundancy payment as it will be deemed that you have resigned.

If non of the above apply, you could be entitled to a redundancy payment as the council is forcing you to break your service with them, and the redundancy payment is compensation for your broken service.

I think you need to have a chat with your HR department to clarify exactly why they don't think you are entitled to a payment. It may be because they know you have a new job to go to and the local government rules used to state that you couldn't accept and start a new job within 30 days of being made redundant. However, they can't enforce that if you are moving to a private company.

I really hope that helps.

TA

RATHBONE

Thank you for your comments and assistance, I have been notified in writing and my last day will be the 31 December, however I finish on the 22nd as I have annual leave to use up. My new job is outside the council, a private company which want me to start on the 4th.

I find it totally unfair that they have waited til' the last minute to interview me for jobs, even though I have just had the one?

There must be a way to get my redundancy as they have made me redundant from 3 months ago, I go and look for alternatives because they cannot help in anyway, and when I do secure a job....it becomes a issue!

Yes my council is obligated to find me an alternative post, but why string me out til' the final hurdle, the post does not offer the same salary as the new role plus it's a step down from my grade! Even tho I have a new job offer I feel so lost!

Is it worth working after all?

JabT_2

What if you didn't have a job to go to or the job offer falls through? You might think differently then.

RATHBONE

I have confirmation in writing for the new job offer. There are also further cuts being made to the council, so any post they will force me to take will not be secure! I have thought it through believe me...if it takes them an eternity to help redeploy me before I got off my behind and got myself a job...what does that tell you about administration in councils in the first place.....I have first hand experience, maladministration runs amok!

bebewoo

Have you actually resigned from the council?

RATHBONE

No, I had an interview today and 2 hours later they have said I am successful in this 'new' post which is more of a downgrade. I think this is totally out of order, it's only because I have been offered a new role in a private company that they have managed to clawing back any chance I might have of a redundancy! I want that money as I have worked hard for it...this is so unjust, all because it's there !!!!-up that they need people after serving them with redundancies! It's hard!

FakeIrish

If your employment officially ends on 31 Jan, and you're due to begin a new job in the private sector on 4 Jan, you should still get your redundancy.

However, if the council has offered you alternative employment and you turned it down because of your new job, they can stop your redundancy. But they cannot offer you a job that is a demotion. In my view though, the job doesn't sound like a demotion, it's just that you feel it's a job that "is more of a downgrade".

The concept of redundancy these days have been lost in translation. It is not a "right" and you haven't earnt it. You have earnt your salary.

RATHBONE

I am in a higher grade role but the new role offered is a demotion with less responsibility....I mean what happens if I do take the job and I am not happy in it after 4 weeks....then what?

FakeIrish

Rathbone

Play the game. The longer you stay at the council, the more compensation you get next time! But, check the policy regarding accepting a job at a lesser grade. I'm almost convinced they cannot do this. Plus are they seriously asking you to lower the salary too?

They could be trying to call your bluff.