My rights when Voluntary Redundancy is rejected

beardymouse

I work for a company that has just opened Voluntary Redundancy but is reserving the right to reject applications when an employee has a key skill the company needs.

I fear I'm one of these employees but am very keen to take VR - the package offered is great and I'm very confident I can get a job elsewhere.

My question is, what are my rights and the employer's obligations if they reject a VR application?

- do they have to keep me on? ie they can't make me redundant at a later date in the process
- if I resigned anyway, would they have to hire someone to replace me? if they have said they cannot make my role redundant, surely they'd be forced to keep that role on even if I vacated it?

It's the second question that's troubling me most. If they reject my application and I decide to quit without the payoff - if they then don't replace my job, surely they've rejected the application under false pretences? Could there be a claim for constructive dismissal or something similar?

Thanks!

lincroft1710

The purpose of redundancy is to get rid of staff whose skills are surplus to requirements, e.g. they have 6 bottle washers, but now only need 4 so 2 are made redundant. So if 3 bottle washers apply for voluntary redundancy, one will be rejected more especially if they have an additional skill.

It is possible that the requirement in the future will be for only 3 bottle washers, but then redundancy terms will again apply.

If you resign that is your decision, replacing someone who resigns voluntarily is entirely up to the employer, there is no obligation for them to do so.

How can there be a claim for constructive dismissal, your employers aren't forcing you to resign, it woud be purely your choice.

macca1974

you don't have a right for voluntary redundancy and not being offered it would surely be the opposite of constructive dismissal (i.e. the company is making it plain that they want you to stay). If you decided to resign, then whatever the company did after that to re-organise internally is entirely down to them and nothing to do with you.

I might be wrong about this, but I'm fairly certain that there is no such thing legally as voluntary redundancy. In effect what the company is doing is asking (without prejudice I imagine) who would like to be considered for redundancy. They will then consider this and then make their decision. They may make those who have not asked to be considered redundant and vice versa.

beardymouse

Thank you both, I suspected that might be the case.

sangie595

macca1974 wrote: »

you don't have a right for voluntary redundancy and not being offered it would surely be the opposite of constructive dismissal (i.e. the company is making it plain that they want you to stay). If you decided to resign, then whatever the company did after that to re-organise internally is entirely down to them and nothing to do with you.

I might be wrong about this, but I'm fairly certain that there is no such thing legally as voluntary redundancy. In effect what the company is doing is asking (without prejudice I imagine) who would like to be considered for redundancy. They will then consider this and then make their decision. They may make those who have not asked to be considered redundant and vice versa.

Technically, there isn't even such a thing as redundancy. In law it is a dismissal. Redundancy is the reason, and it's the reason that makes it fair. So you are absolutely correct- no such thing as voluntary redundancy.

getmore4less

By offering mutual agreed termination the company avoids the redundancy regulations.

They could refill the jobs if they wanted.

No point in paying someone off if you think they will leave anyway.