Redundancy help

flapper84

Hi all,

The company I work for completed a merger with another company in 2015 which has resulted in cost savings and cut backs.

My department is being relocated meaning there are no suitable alternative roles available. During collective consultation we were informed most of us would be asked to work beyond our notice period in what they described were 'Integration' roles. It was made clear during the discussions that acceptance of these roles was voluntary and we had the option to simply work our notice and accept the redundancy package if we wish (the package is better than statutory terms). Collective consultation was closed on this basis.

Individual consultations are due to start next week but we have now been informed by our employee representative that the company are not giving us the option to turn down the extended roles- they are now referring to them as 'transition' roles and have confirmed if we do not accept the role we will not be entitled to redundancy payments; this has angered a lot of the department because it completely contradicts what was agreed in the consultation.

My questions are as follows:

1) Can my employer confirm my role is redundant but force me to work until June 2017?

2) Do we have any rights based on the outcome of collective consultation or are those discussions irrelevant?

3) If a transition role was accepted, would it be reasonable to negotiate a 4 day working week (instead of 5) to look for alternative work?

lincroft1710

Your employer cannot "force" you to work, providing you give the required notice you may leave their employment at any time.

Undervalued

The company's duty is not to make you redundant unless there is no alternative. Any offers of enhanced terms (so called voluntary redundancy) can be withdrawn at any time before the deal is signed.

sangie595

1) Yes. Provided the role is a suitable alternative employment, you can be required to accept it, and you can lose all right to ANY redundancy pay, statutory or enhanced.

2) Consultation is not about reaching a mutually agreeable position. It is an opportunity for you to comment on the employers intentions. Which they may or may not agreed with. They are obliged to listen to you. They are not obliged to negotiate with you.

3) You may ask for anything you wish. It will be up to the employer to decide whether they will agree or not.