Redundancy - Surprise

Ce1979

Hi,

As of yesterday I have been advised that my position has been made redundant, along with a number of others in different but linked positions.

4 new roles have been created, all similar, which I used to do before this position. I have been advised that I need to apply for one of these positions legally even though I know and have pretty much worked this role before. Can they not just offer me one of these positions without going tbrough the full interview process etc?

Also,

Could I take redudancy and then apply for one of these roles? (sorry if this is a daft question).

HR meeting Monday so I am waiting for a figure, full notice period, date of implementation etc

Any help will be gratefully received.

Thanks

Andy_L

How long have you worked there?

Ce1979

Andy_L wrote: »

How long have you worked there?

Hi,

Almost 9 years.

getmore4less

The have to apply is a dodgy practice a lot of places use it.

Ask them which law says you have to apply.

Ask about the redundancy selection process and criteria that have been use.

Then what potential suitable alternative are available for you to consider and what the selection process will be if there is more than one potentially suitable person that has been selected for redundancy.

You should not have to apply for a job they should be using a selection process, that can include interviews.

The problem is if you apply before being put on notice even if you decide you don't want it they can refuse the redundancy pay.

Until they put you on notice you till have a job so why do you need to apply for one they should be sorting out selection for any available suitable alternatives.


If you take another job you are not redundant, the law also allows for a month gap.


If you want one of the jobs be very positive but point out that you should not need to apply if it is a suitable alternative they should offer one or there should be a selection process.

martinsurrey

getmore4less wrote: »

You should not have to apply for a job they should be using a selection process, that can include interviews.
...

If you want one of the jobs be very positive but point out that you should not need to apply if it is a suitable alternative they should offer one or there should be a selection process.

I think you are going to get peoples backs up if you go down that route.

The outcome of them offering an alternative role, which you accept is an alternative role, and interviewing for it is part of the selection criteria, is exactly the same as "applying" for it.

My guess is the OP/OP's employer is just mixing terms, there are a number of roles going, if you don't want one of the new roles you can be made redundant, or if you want to be considered for them, let us know and part of the selection criteria is a full interview for the new role.

All of which is above board.

getmore4less

NOt the way it has been presented to the op

I have been advised that I need to apply for one of these positions legally

I suspect that might come with the if you don't apply you won't get redundancy pay.

Which is not above board.

The OP might like to clarify the situation.


the outcome can be very different because as soon as you apply many of the redundancy protection go by the wayside, the two main ones being ability to refuse the job as not a suitable alternative and trial periods.

Ce1979

Firstly, thank you for the responses. Very much appreciated. Had a follow up one to one with HR today who clarified a few points. All roles in the department have been made redundant, total of 5. 3 roles are identical and the other two are very different and are very much like the new 4 roles that have been created. Basically they have told me that they have to advertise the 4 new roles and accept applications. If they find that there are more applications than roles, formal interviews will be required. If they find that 4 or less applications are received, a selection process will take place first of all. If the selection process is successful, the roles dont need to be advertised further, if not, they will be. It made a certain amount of sense when it was explained although now I am not so sure!

Ce1979

Ce1979 wrote: »

Firstly, thank you for the responses. Very much appreciated. Had a follow up one to one with HR today who clarified a few points. All roles in the department have been made redundant, total of 5. 3 roles are identical and the other two are very different and are very much like the new 4 roles that have been created. Basically they have told me that they have to advertise the 4 new roles and accept applications. If they find that there are more applications than roles, formal interviews will be required. If they find that 4 or less applications are received, a selection process will take place first of all. If the selection process is successful, the roles dont need to be advertised further, if not, they will be. It made a certain amount of sense when it was explained although now I am not so sure!

Also, redundancy will still be offered if the successful candidates find they do not like the role etc within the trial period.

getmore4less

The real question is how many do they want to get rid of, clearly one or is it really more.

The 5 of you have a chat and see how many want to leave.

I presume they have given you details of the package on offer

There is no legal requirement to apply they are making that up, they could go straight to a selection process on the basis there are 5 people and 4 jobs, one of the criteria being do you want to stay.

If you want to be considered for a job I would word the "application" in a way that makes it clear you want to evaluate all(or just the ones you are interested in) the roles as potential suitable alternatives to redundancy.

Have they given you the full job spec of these new jobs with all T&C the key one being pay, you will need that fairly soon.

if the place is generally decent on this sort of thing and will pay out if people just decide they want to leave it won't be that big a deal to just go along with the process they want to play it.