Voluntary redundancy and re-employment with council

In_Swansea

I work for local government where cuts are coming so I have submitted an application for voluntary redundancy so I can take some control of my situation.

I’ve not heard if they have accepted this yet but in an initial letter it has stated that if I accept I will “be precluded from returning to any paid temporary or permanent employment (including schools)“

Is this allowed? I want to challenge it. I can understand I wouldn't be allowed for a certain period of time due to the redundancy “package” (no doubt statutory minimum) but does that mean in 30 years time I can’t become a lolly pop lady?! I am doing them a favour by offering savings on my post so when things improve economically I would like to think if I wanted it was an option.

If I was going through compulsory redundancy would it be the same being precluded? It seems very unfair. Perhaps I should wait until they boot me out!

Answers welcome.

TeamLowe

It sounds like a badly worded letter - if you take the enhanced pay you'll be asked to sign a 'compromise agreement', in which you agree to give up certain 'rights', not seen mine yet but think it's stuff like you won't claim unfair dimissal etc
My letter about VR also says that you won't be able to work for that particular authority (including schools) for three years.

If they make you compulsory redundant, it's any organisation in the 'local authority family' for six weeks.

So I'd check with HR about their timescales

And personally I wouldn't take VR if it wasn't an enhanced payment, if all I was getting was the statutory minimum anyway I'd stick it out for a few more months til they force me out for a few more months' wages

In_Swansea

Thanks for such quick reply TeaLowe and all best with little Lowe!

I've not had my letter to see what that are offering but there is no way in these times a local authority will be give "enhanced" pay.

I checked with HR and they have said I could NEVER be re-employed by this council. Legally that can't be right - can it?

I've been "sticking it out" for sometime (!!!!) and this seems like a possible escape to work full time on my new buisness full time but don't want to mess up for longer term future.

In_Swansea

In_Swansea wrote: »

Thanks for such quick reply TeaLowe and all best with little Lowe!

I've not had my letter to see what that are offering but there is no way in these times a local authority will be give "enhanced" pay.

I checked with HR and they have said I could NEVER be re-employed by this council. Legally that can't be right - can it?

I've been "sticking it out" for sometime (!!!!) and this seems like a possible escape to work on my new buisness full time but don't want to mess up for longer term future.

marybelle01

In_Swansea wrote: »

.

I checked with HR and they have said I could NEVER be re-employed by this council. Legally that can't be right - can it?
.

Yes it can be right, and if this is the term of VR then it is right. There is nothing in law that says an employer must recruit anyone. So if they say they won't employ you again, they won't employ you again. I know of other local authorities that have the same terms - VR means they won't ever employ you again.

In_Swansea

Thanks Marybelle01, not the answer I wanted !!! but thanks I still want to challenge it and think it is very unfair.

marybelle01

In_Swansea wrote: »

Thanks Marybelle01, not the answer I wanted !!! but thanks I still want to challenge it and think it is very unfair.

But it is not illegal, and I doubt they will change their policy as a result of you thinking it isn't fair. Provided you expect to be disappointed, then have at it! I hear Cardiff is quite nice??

You should be aware, if you are not already, that local government in your area is very likely to be reorganised, and this term would still apply to any subsequent local authority boundary - and a few of the options being discussed would mean the enlargement of the council boundaries making the area you couldn't work in bigger. Since you are not 100% convinced that this is a good move anyway, you may want to factor that in to your thought processes.

In_Swansea

Grrrr - I did think about that and convinced myself that if/ when there is a reorganisation, it would enable me to able to alply the new larger organisation.

I am sure I want to get out of here but don't want to be held to ransom if something comes up in the fututure.

Thanks again

gwernybwch

marybelle01 wrote: »

But it is not illegal, and I doubt they will change their policy as a result of you thinking it isn't fair.

I'm not saying that this type of arrangement is illegal, but wouldn't equal opportunity recruitment practices take precedence over a voluntary severance agreement? i.e. if the OP applied for a job at the Council and was the best candidate and was part of a minority group (i.e. the only man to apply), surely the Council couldn't rely on the VS agreement not to appoint them?


OP - I'm not sure how Swansea Council operate, but a lot of Councils use agency workers, so you could return to the Council (and maybe even do a very similar job) but be employed by the agency.

Andy_L

gwernybwch wrote: »

I'm not saying that this type of arrangement is illegal, but wouldn't equal opportunity recruitment practices take precedence over a voluntary severance agreement? i.e. if the OP applied for a job at the Council and was the best candidate and was part of a minority group (i.e. the only man to apply), surely the Council couldn't rely on the VS agreement not to appoint them?

no, because then they can demonstrate that he wasn't chosen because of being a minority but because of taking VR.

Sponge

marybelle01 wrote: »

Yes it can be right, and if this is the term of VR then it is right. There is nothing in law that says an employer must recruit anyone. So if they say they won't employ you again, they won't employ you again. I know of other local authorities that have the same terms - VR means they won't ever employ you again.

I'm truely shocked to read that.

I'm a civil servant and applying for VR and I know there are conditions on re-entering the CS and having to give back some of your payout. But to hear that a local government can actually go so far as to refuse to employ you ever again is amazing.