Job changing?!-Should I leave or should I fight?

Sloganjerry

I'd really appreciate any advice you may have on my situation. Basically a group of us are undergoing a 'restructuring' and have been put into what they are calling a 'redundancy pool'. We are going through the consultation period and have been told our jobs are changing. We've been given a list of jobs that we can apply for?! There are less jobs available than people in the 'redundancy pool'? What I'm confused about is that we've been given a questionnaire and we have to say whether we would be interested in voluntary redundancy, or whether we would be interested in any of the alternative jobs (and to list at least 2 to 4 in order of preference). We have meetings next week where we discuss our answers.

Personally I don't feel I can answer this questionnaire as the new roles involve less pay and ask for flexible working hours (evenings and weekends) and as a single parent I never wanted to work these sorts of times. I feel I'm being backed into a corner and will be made to leave as even if I opt for voluntary redundancy I've been told this may not be accepted and then I will have made myself unemployed?! Any advice guys? :beer:

zzzLazyDaisy

It sounds like your employer's requirements for people to do work of the particular kind that you do, will cease or diminish under the new structure. Is that a fair summary? If that is the case, then this is a redundancy situation, as defined in law.

The employer must consult with you, which includes looking for alternative work to offer you.

Many employers will also invite volunteers.

However, if you choose not to volunteer, and if the employer is unable to offer you a 'suitable alternative position' to the one you hold now, then that will result in your dismissal by reason of redundancy.

Clearly, in that case, you will not have 'made yourself unemployed'. You will be unemployed because your position with the company ceased to exist and the employer was unable to offer you a suitable alternative.

Provided you have been employed at least two years, you will be entitled to a statutory redundancy payment. Some employers have more generous redundancy schemes. You are also entitled to be given notice (or a payment in lieu of notice) and any outstanding holiday pay.

This is just a really quick summary. You may find it helpful to speak to an ACAS adviser 0845 527 6444 to discuss your own situation.

hope this helps

Sloganjerry

Thanks so much. Your assessment is really helpful. I think I would be happy to offer voluntary redundancy and leave under these circumstances. Would it prejudice my position if I did this and my employer refuses to accept my offer. And then I have to fight them on the grounds that the alternative job is not 'suitable'. Could they use it against me and say I obviously wanted to go anyway?

getmore4less

Ask for all the job details so you can assess if any of them are suitable alternative.

If none are say that you don't think any are suitable but you want to continue in meaningfull consultation so you and they can try to find something suitable.

ASk for the redundancy packages on offer for VR and compulsory you need these before you cam make any choices.

You need to know if they are paying enhanced packages or statutory, PILON, garden leave or working notice. and if they want you to use unused holiday during notice or will they be paying this on termination.

If they try to make you make a choice say that you can't do that without all the information and currently you are open to all possibilites and are happy to engage in meaningfull consultation to try and reduce the impact of any redundancies

Ask why trial periods have not been mentioned a handy way to potentialy extend work by 4 weeks.

JSA will pay up as your reason for dismisal is redundancy.

Any insurances you have you will need to read the small print very carefully.

zzzLazyDaisy

First, the bottom line is that the employer is under no obligation to agree to voluntary redundancy (suppose the whole workforce applied for voluntary redundancy, they would have to consider who to let go and who to keep). But unless you have skills that are essential to the business, and provided they are not overwhelmed with volunteers, the chances are that your application for VR will be accepted.

Secondly, if your job has disappeared, and you are being asked to accept a position with lower pay , that is unlikely to be deemed a 'suitable alternative' in law, this is especially the case if you are also unable to meet the new flexible hours requirement owing to your childcare responsibilities. However, there is no legal definition of 'suitable alternative' and each case is considered on its own merits, which is why you may find it helpful to discuss the situation with ACAS.

One other thing to consider - 'voluntary redundancy' may in some circumstances result in benefit sanctions. Some employers clear the situation with the job centre and get confirmation that because this is a genuine redundancy situation, VR will not be viewed as voluntary unemployment. This is something you might want to check with your employer.

However, I am not a benefits expert. Hopefully someone will be along soon who can comment on this.

EDIT - cross posted with the very helpful post above.

Sloganjerry

Thanks getmore4less! That's great advice.

So I guess from what you say I would be best to put off voluntarily offering to be made redundant at this stage. I will definitely get the further info but I know none of the positions will be suitable to me.

What I think I'm most worried about is I feel my employer will try their best to get out of paying any redundancy money.

When I have all the facts would I best to offer my voluntary redundancy in writing and adding that I do this reluctantly on the basis that none of the positions offered are suitable and then state why?
Would this be the best way to cover myself?

Thanks so much for the advice so far peops!:beer:

Sloganjerry

Thanks zzzLazyDaisy - Sorry I was replying as you posted. Cheers for this extra advice! :beer:

getmore4less

I think the key is to decide what you want and try to make that happen.

This is why you need the information on the payouts

Consultation is about negotiation, if the current jobs are not suitable what changes would make them suitable, if the employer will not or cannot change things then at least you asked and they said no.

VR or compulsory there is no difference for you at this point unless the payouts are different.

How many people don't want the new jobs and can say they are not suitable if there are enough they may have to change tackrtick and improve the jobs on offer.

If you can get everyone to say they are not sutiable then they have a problem if they actualy want to keep people

How many people are in the poolif enougfh they may need to do goup consultaion with reps this will make it easer to fight as a group.


To not give you redundancy they have to show you refused a suitable alternative so be prepared to back up why, but don't show you hand yet(just start with too many changes) get them to say why they think they are suitable first if they go down that route.

You might need to also read up about what can be considered as unsitable changes if thta time comes.