If I don’t re-apply for my job, am I resigning? 4 August 2020 at 1:43PM in Redundancy & redundancy planning 13 replies 572 views

CoolBeans22

Hi everyone,
I am in a process for potential redundancy and have been asked if I want to re-apply for my job.  If I don’t re-apply (I do have reasons for this) will I still formally be made redundant or will this be seen as a resignation by the Benefits Agency? I need to make sure I can claim benefit if I can’t get another job straight away?
Thank you for all and any help you can offer at this horrible time.

Andy_L

What does your employer say will happen if you don't re-apply?

CoolBeans22

Andy_L said:

What does your employer say will happen if you don't re-apply?

A bit non-committal to be honest, but there are more people than jobs and voluntary redundancy is not an option.

lincroft1710

1. If you apply, get job, then status quo remains (but ensure your previous service is counted)

2. If you apply, don't get job, then redundancy should apply

3. If you don't apply, your employer will claim you have voluntarily resigned and not entitled to any redundancy money,

Unless you have a new job to go to, apply for your old job. If you get the job, you can look for a new one at a later date  

CoolBeans22

lincroft1710 said:

3. If you don't apply, your employer will claim you have voluntarily resigned and not entitled to any redundancy money,

I’ve worked for the company for less than 2 years so redundancy will not apply but I do need to be able to get job seekers benefit.   

CoolBeans22

I work with a small team who have worked for the company for many years.  I don’t feel it’s right for me to apply for a job when I have been there a short time.  Also I am currently still on furlough as I have an illness.  I feel I would therefore be the first out anyway as they also wouldn’t have to pay me redundancy.  The work hours to re-apply for are very specific so I feel my colleagues should have first option and if there is still a job to fill at the end I have been told I can apply then.  However, if there isn’t a job at the end, I need to be sure I can apply for job seekers.  I appreciate it is a risk but I couldn’t accept a job if someone else lost there’s who will have been there a long time.

lincroft1710

CoolBeans22 said:

lincroft1710 said:

3. If you don't apply, your employer will claim you have voluntarily resigned and not entitled to any redundancy money,

I’ve worked for the company for less than 2 years so redundancy will not apply but I do need to be able to get job seekers benefit.   

Then as I previously said, you need to apply for your old job

NBLondon

I was in this situation about 2013 or so; two roles being merged into one and the two post-holders being invited to apply.  I chose not to and got the redundancy.    It may hinge on whether you are re-applying for your role (e.g. there are 3 currently but only 2 after the process) or your role is redundant and you are asked to apply for a similar/replacement role.

Masomnia

CoolBeans22 said:

I work with a small team who have worked for the company for many years.  I don’t feel it’s right for me to apply for a job when I have been there a short time.  Also I am currently still on furlough as I have an illness.  I feel I would therefore be the first out anyway as they also wouldn’t have to pay me redundancy.  The work hours to re-apply for are very specific so I feel my colleagues should have first option and if there is still a job to fill at the end I have been told I can apply then.  However, if there isn’t a job at the end, I need to be sure I can apply for job seekers.  I appreciate it is a risk but I couldn’t accept a job if someone else lost there’s who will have been there a long time.

It's admirable, but I don't really get your thinking on this. If they're sensible they'll keep whom they need to based on skills/experience/future potential/whatever criteria they have. Just going off length of service isn't great practice, and they might want to clear out some of the dead wood anyway. There could be any number of issues with the person they let go and good reasons to make them redundant and not you. 

getmore4less

Untill they formally put you on notice your job is redundant you have the job you are currently doing. 

There should be no need to apply to be included in the selection process for the job you currently do there should be automatic inclusion in selection pool where the number of roles is being reduced. 

Failure to apply for the job you are  currently employed doing cannot be a resignation, it should still  be classed as a termination. 

Being considered for any other potentially suitable alternative should also be automatic, showing an interest is acceptable, companies don't always know who may be suitable. 

He

CoolBeans22 said:

I work with a small team who have worked for the company for many years.  I don’t feel it’s right for me to apply for a job when I have been there a short time.  Also I am currently still on furlough as I have an illness.  I feel I would therefore be the first out anyway as they also wouldn’t have to pay me redundancy.  The work hours to re-apply for are very specific so I feel my colleagues should have first option and if there is still a job to fill at the end I have been told I can apply then.  However, if there isn’t a job at the end, I need to be sure I can apply for job seekers.  I appreciate it is a risk but I couldn’t accept a job if someone else lost there’s who will have been there a long time.

Maybe when you got offered the job initially,  somebody else "needed it more" than you. 
As already mentioned, admirable maybe but not very sensible surely, unless (and I do get the feeling), that you might be reasonably happy on the dole if you can claim it (apologies if I'm wrong)