Redundancy or contract cancellation

Dianne2015

The company I work for is currently looking to make redundancies. Voluntary cut off has taken place with compulsory being announced shortly. I have been with the company for 12 years, recently returning to work after maternity leave. My current contract is 2 days per week. I used to work 5 days per week but agreed this new contract 2 years ago with HR to coincide with child care arrangements.
I have recently been advised by management that there is no job for my 2 day per week contract and unless I change my contract to work more days it would be likely that I would be made redundant.
I confirmed to management that I couldn't work more days due to child care etc and to my surprise I was told that I wouldn't be made compulsory redundant because I scored well on the redundancy criteria, however they advise me to take voluntary redundancy (even though the cut off date has passed) as in the new year they will cancel my contract and offer a new one to work more days per week. Then it will be take it or leave it but with no redundancy.

I have no idea what employment law allows. Would anyone have any suggestions or comments please?

Thanks
Dianne.

sangie595

Dianne2015 wrote: »

The company I work for is currently looking to make redundancies. Voluntary cut off has taken place with compulsory being announced shortly. I have been with the company for 12 years, recently returning to work after maternity leave. My current contract is 2 days per week. I used to work 5 days per week but agreed this new contract 2 years ago with HR to coincide with child care arrangements.
I have recently been advised by management that there is no job for my 2 day per week contract and unless I change my contract to work more days it would be likely that I would be made redundant.
I confirmed to management that I couldn't work more days due to child care etc and to my surprise I was told that I wouldn't be made compulsory redundant because I scored well on the redundancy criteria, however they advise me to take voluntary redundancy (even though the cut off date has passed) as in the new year they will cancel my contract and offer a new one to work more days per week. Then it will be take it or leave it but with no redundancy.

I have no idea what employment law allows. Would anyone have any suggestions or comments please?

Thanks
Dianne.

It might be possible to argue the case that this is unlawful discrimination, but there is no certainty about that, and it is a long and difficult road to make such a claim (and also quite expensive too). But short of the company being willing to make the changes that you want, you must either be willing to make such a claim, or take the money offered in voluntary redundancy. There is no practical way in which you can force them to change their minds and give you what you want.

junkyarddog

If they want you to work 5 days a week, is that at the same job? If the role is redundant, then surely whether you work at it for 2 days a week or 5 will make no difference. Take good legal advice and base your decision on that.