Voluntary redundancy - looking for jobs while on notice?

catriona79

Hello,

I am after a bit of advice.
I have recently accepted an offer of voluntary redundancy made by my employer and had my dismissal meeting last week.
My notice runs out on 28 March and I am expected to work it, there is no option of payment in lieu.

I have heard Chinese whispers at work that some senior managers were threatening the withdrawal of the redundancy payment if they found out that anyone got a job offer, before their last day.

Now I understand that I wouldn't be eligible for the VR payment if I'd got an offer before my dismissal meeting, but after?

My situation is that I have already been dismissed, and have a job interview this Friday. Is it still fraud to carry on with VR even though you're applying elsewhere?

It seems to me a very unrealistic expectation of the senior management team, to prevent employees from looking for work while on notice.

Does anyone know what the legal position is?

I know that in law there is no such thing as VR and therefore it is a mutual agreement between two parties. But after the dismissal meeting has been held, can the employer reasonably expect the employee not to look for work?

Many thanks

duchy

If they withdraw VR then you'd still have your job or do you mean they'd sack you and if so on what grounds ? Sounds like Chinese whispers but probably worth just not mentioning if you've found a new job. Not their business anyway.
You should have in writing the terms of your VR anyway though.

getmore4less

In a proper redundancy situation the redundancy can be withdrawn right up to the last day even once on notice.
To get round this the employee can try and use counter notice within a statutory notice period.

What does it say in the T&C of the mutual agreement to terminate the contract, under what conditions can either party withdraw?

Always best to keep your job hunt private even from friends.

It might be not worth the hassle if they do mess around so consider when you want to be available for any potential job offers.

catriona79

duchy wrote: »

If they withdraw VR then you'd still have your job or do you mean they'd sack you and if so on what grounds ? Sounds like Chinese whispers but probably worth just not mentioning if you've found a new job. Not their business anyway.
You should have in writing the terms of your VR anyway though.

Thanks for your response.

I am going to know more tomorrow as going to ask in team meeting in the morning about the official position on this.

Like you say, if they sacked me - what would be the grounds? Plus last year in a similar situation (VR) I remember a couple of people who secured jobs during their notice period and were quite vocal about it. Seems almost like grounds for constructive dismissal. Anyway, don't want to get to dramatic, it may all be alright tomorrow.

catriona79

Checked my exit letter and it says in it:

You will not qualify for redundancy payments if the termination is related to any event that ends the contract of employment for a reason other than redundancy.

I guess that's their get out clause?

getmore4less

If they have structured this as a termination due to redundancy (would need to look at more than just this clause) then the may be the possibility that counter notice might ensure payment .

I would pass this by someone with much more knowledge, perhaps the redundancy forum.

fred7777

More likely the situation is that if you leave before your last day (and don't work until 28th March) you will loose the redundancy payment as they will argue you quit.

However if you work until the 28th then job offers are irrelevant.

I was in this situation in 2009 we had to work until the end of April to get redundancy. Some got new jobs, left before and lost the payment. I got a new job which was offered before the end of the April but didn't start until after so I could work up to end of April and get the payment.