Voluntary redundancy substantive post

veejayteekay

Hi all

Any advice would be much appreciated.

For the past 7 months I have been doing a fixed term secondment position. This was originally until December 15 but was recently extended to May. I am covering for a colleague who is on maternity who is not yet in the notice period to let them know whether or not she is returning to work.

I have recently found out that my substantive post is at risk of redundancy. Although it is supposedly not a "foregone conclusion" I have been informed his is extremely likely unless something is "pulled out of the hat". Although I have been presented with a letter about all of this which includes info on redundancy pay, I have a strong suspicion my employer is going to argue that my secondment role is "suitable alternative employment", especially if they find out before the end of my.proceedings that my colleague is not returning to the position.

The reason given for the redundancies is that as a charity although we have won some contracts recently we have also lost some major ones and as a portion of these contracts were subsidising head office positions, it is no longer viable to go ahead without making cutbacks there.

Here's the thing - as a side note I am really unhappy and stressed out in the secondment role and have been wanting to leave the charity for a while. Nevertheless, I genuinely do not consider the secondment role to be a comparable role. It is for a completely specific niche project and I don't see it as a valid alternative - in fact there wouldnt really be any relevant alternatives as there is only one learning and development role in the organisation which was this one.

Given the fact that the secondment role itself is for s project which is dependent in finding and is only currently funded until the end of this year, the fact I have no certainty at this time about whether my colleague is choosing to return to the file, and the company being at a deficit and unstable financially, I don't consider that I have any option for stable comparable employment in the company.

I am considering asking for voluntary redundancy. However my question is, how does this work given that I am in a secondment role? If I indicated that I wanted to take voluntary but also be allowed to leave the secondment role in light of the circumstances would this be seen as a resignation and therefore I wouldn't receive redundancy money?

Sorry I know its lengthy but I am really confused and want to ensure I don't put myself at risk so any advice would be much appreciated.

getmore4less

I think you will have issues saying it is not a suitable alternative since you have been doing it for 7months.

sangie595

getmore4less wrote: »

I think you will have issues saying it is not a suitable alternative since you have been doing it for 7months.

I agree - and a lot depends on circumstances, but I can't see an employer agreeing easily to a voluntary redundancy in this situation, as, from where they are sitting, they have no chance of recruiting someone temporarily for a few months until they find out if the postholder is coming back, but they actually have someone in the position who is clearly capable of doing it because they have been doing it.

Unless the employer is willing to agree a voluntary redundancy, then your options are to stay where you are or find another job. Given that the cheapest option for them is going to be the latter, I would be cautious about saying that you are wanting to leave anyway, or they may just decide to sit it out and wait. If the post holder returns then you would lose that post anyway and so it wouldn't cost them any more than it already would - and if they don't return then you are stuck there in that job.

nimbo

Being that it is a maternity cover - doesn't that mean the role has to remain open for the person who has been off? If they allowed you to keep the role as a suitable alternative - what would she be coming back to do?

I realise a hypothetical as you don't want the role and she may not come back.....

sangie595

nimbo wrote: »

Being that it is a maternity cover - doesn't that mean the role has to remain open for the person who has been off? If they allowed you to keep the role as a suitable alternative - what would she be coming back to do?

I realise a hypothetical as you don't want the role and she may not come back.....

Maternity cover is a suitable alternative role, as is a temporary contract. Both retain continuity of service, so it simply delays the redundancy allowing both the employer and the employee more time to find another role and avoid redundancy. The point of the law is to avoid redundancy wherever possible. So the temporary nature of the role does not make it unsuitable, and the tasks have been the OP's work for some times now, so it is a suitable role in law.