Acquisition & Redundancy Assistance

CeePeeBee

Morning all,
My company was recently acquired by another - no issues there. We are/have been TUPE across on the same terms, however, I have been engaged to apply for a different job, and it's been angled as a promotion. 
Firstly, I'm not sure it is, but secondly, a big proportion of the reason this process is underway is that there is no real need for my role any longer. They are shifting people around to accommodate (which is great, don't get me wrong).
Anyway, the new role has some significant changes to pay, bonus schemes, and the team I'd manage. As I need a job I'm likely to apply and get it and move on, but I do have my concerns about it being a little overwhelming, and my mental health (based on previous issues) is paramount. At what point, if I refuse to entertain this role, do we enter into a redundancy conversation? Without me taking this role, there really won't be a requirement for my pre-existing role.

I've tried to give the relevant background without diving into the detail, but feel free to prompt for more information if you think it's required Thanks in advance gang!

lincroft1710

There is no redundancy consultation until an employer tells an employee their role is or very likely to become redundant. Refusing what the employer sees as a suitable alternative role, can see an employee losing their entitlement to redundancy pay. 

CeePeeBee

lincroft1710 said:

There is no redundancy consultation until an employer tells an employee their role is or very likely to become redundant. Refusing what the employer sees as a suitable alternative role, can see an employee losing their entitlement to redundancy pay. 

Interesting - what if the employer is trying to skirt around the redundancy piece though. Surely I can put a case forward for the voluntary redundancy in the above scenario?

Thrugelmir

Unlikely the employer is attempting to skirt round anything. Not going to incur the liability of redundancy costs until all other avenues have been explored. Also natural attrition is often high after takeovers. 

CeePeeBee

Thanks again - so just so I'm absolutely clear. If we're taken over, and my role isn't required, that's not cause for redundancy? They want to keep me (and I might want to stay to be frank) but in a new slightly altered role - surely by default they are making my role redundant?

k3lvc

CeePeeBee said:

Thanks again - so just so I'm absolutely clear. If we're taken over, and my role isn't required, that's not cause for redundancy? They want to keep me (and I might want to stay to be frank) but in a new slightly altered role - surely by default they are making my role redundant?

Potentially but their early offer of a suitable alternative negates that. If you don't accept you then end up in a situation of negotiating what a suitable alternative is, they realise that you're angling for a payout and then the battle lines are drawn 

getmore4less

In cases like this you have to work out what they want to do and why and who are the stakeholders that make the reals decisions.

Along side that you need to be very clear what it is that you want.

That way you have some control over what happens, but maybe not much.

if you want to stay but are particular about what positions would be acceptable then you have to be proactive seeking them out rather than let them blindly pick people for alternatives.

An example might be that a company has a general no redundancies policy so always tries hard to redeploy excess staff but may consider settlement agreements for a hard to place employee.

They get to keep their headline successful merger no one redundant

Others may do the "try to move everyone around first" so they get to pick the people without the selection rules of redundancy , then once that is sorted  the redundancies kick in but there are no alternative jobs so those on the list all go.  

The key here is you need to make sure before you apply because if you do and are accepted then that's your new job and it won't be redundant refusing that job is then a resignation.

All enquiries about it being suitable should be done before any application, watch out for the fob off we can sort that out later.
if you want to stay then actively seek out something you would prefer to be doing and sell yourself for those roles rather than go negative too soon.

if the reason you job is at rick is because they have people doing it anyway to sell yourself so they move someone else around

thebrexitunicorn

You don’t have to apply for a different role.  If you’re role is no longer there the employer either offers a suitable alternative or it’s a redundancy situation. 

thebrexitunicorn

Aargh! ‘your’

Thrugelmir

If a suitable alternative role is declined unreasonably. Then the right to statutory redundancy pay is forfeited. Company's that are well versed in takeovers will know how to play the game within the rules. 

CeePeeBee

Thanks all,

It seems I might already be past the point of no return then. I've been engaging my potential new boss in role discussions for a while, however, I've now had an "interview" request. I can't really play fast and loose with my potential income so I suppose I'll just have to like it or lump it.