Do not want to apply for my own job?

Sambucus_Nigra

https://www.gov.uk/redundant-your-rights/suitable-alternative-employment

JethroUK

GoneToo wrote: »

I am in a selection group of 10 at risk of redundancy because company is downsizing to 8 jobs. I was only one that applied for voluntary redundancy but was turned down because I am oldest with longest service = highest cost.

Now i have been told i must fill in application form for selection process for 8 jobs I am thinking if i refuse to submit a form then I could be sacked for gross misconduct. But what if i write a poor application to score lower than my colleagues and so get selected for compulsory redundancy?

Did they actually ask for volunteers for redundancy and did they actually say the reason you have been refused is because of your age

If they actually 'said' those things - they are n breech of equal ops laws since your age is a 'legally protected characteristic' - cant refuse you access to any employment benefits, training, or voluntary redundancy on grounds of age

Takeaway_Addict

JethroUK wrote: »

Did they actually ask for volunteers for redundancy and did they actually say the reason you have been refused is because of your age

If they actually 'said' those things - they are n breech of equal ops laws since your age is a 'legally protected characteristic' - cant refuse you access to any employment benefits, training, or voluntary redundancy on grounds of age

No but they can refuse on being the most expensive.

SarEl

dktreesea wrote: »

Are you sure? Do you have a link?

As I understand it, if you don't apply, then the employer will have to make you redundant. Your non application for another job can't be used to say that therefore you have resigned.

Yes I am sure. I don't need a link - there's two decades of case law. Your understanding is incorrect.

sunflower_2

a good friend of mine applied for VR and was refused.
(he didnt want to lose his job but couldnt cope with the atmosphere as 2 of the close-knit department would have to go).

he went through the application process and was not successful.

he was then made redundant.

:huh:

Takeaway_Addict

sunflower wrote: »

a good friend of mine applied for VR and was refused.
(he didnt want to lose his job but couldnt cope with the atmosphere as 2 of the close-knit department would have to go).

he went through the application process and was not successful.

he was then made redundant.

:huh:

Quite simply I would have thought the cost of making him VR was to much but using statutory figures it was ok.

Scuttler78

Just wanted to clarify re the last comment, you can't infer a resignation legally speaking. In a scenario where your job was deleted and a new position created which you were asked to apply for, you are not under any obligation to apply (unless there is something in your contract which you are bound by). The duty is on the employer to "offer" you suitable alternative employment. Should you refuse an offer of suitable alternative employment then you may lose your right to redundancy. If your post no longer exists and the employer has not made you an offer of suitable alternative employment then you are entitled to a redundancy payment.