Redundancy and new job in modification order

Lilee23

I work currently as a business support staff in a school they decided to do restructure and redundancy. My role is a grade 4 bso they have said there will be no more grade 4 bso in September but instead a grade 5 bso which there will be 2 jobs and 3 people applied for it which makes one unsuccessful which was me. After this happened I applied for a job in a different school and got it and I start in September I was told I need to resign. I know I am not entitled to redundancy because of the modification order and continous employment but do I need to resign or just be made redundant with no pay. 

Brie

I don't understand the situation and expect others don't either hence why there've been no replies.

If you are talking about the same employer then I can't see why you would need to resign at all.  If you had no job why would you not entitled to redundancy money?  (length of service perhaps??)   Not sure what you mean by a modification order....

I think the best thing may be to get someone that deals with the HR for the school (so not necessarily the head teacher or your immediate manager) to explain it to you.  And then come back to let us know too!!

Meanwhile - well done on getting another role!

Lilee23

Thank you for your reply. I work for a school in the local authority they are going through a redundancy process and my role is being made redundant and ends 31st August. I was put in a pool to preference new roles in the school which I did but was unsuccessful. During this I started looking for jobs I applied and I was offered a job at an academy school different employer but covered by the modification order ( modification order means if I get made redundant I have the years accrued from my previous school.
 If I want to get redundancy pay I would need to follow these rules

  The following applies to re-employment in any Local Authority or other bodies covered by the modification order.

1. If you receive an offer of re-employment prior to your date of redundancy, then you will not be able to start this new job until 4 weeks after your actual leaving date.
2. If you receive an offer of re-employment after leaving, then you must have had at least a one weeks break (a week commences from the first Sunday following your leaving date).

 If the above guidance is not followed, then you could lose your entitlement to redundancy pay.

so I am not entitled to a redundancy pay because I start under a week after my leave date I understand that. So they have said I need to resign with a leave date of 31st August as soon as possible 🤔 do I have to resign?

getmore4less

What the modification order does is effectively make the education sector a single employer for redundancy purposes.

The 4 weeks and one week are redundancy legislation that give continuity of employment but not redundant 

Not sure why they need you to resign if you are under notice of redundancy and terminated before the new job starts.

It may make the process simpler if the systems can't cope with redundant but no payout.

Lilee23

HR are now saying this because I said I have not resigned

we have not given you notice to end your employment. 

 The implementation of the new staffing structure at the School is 1 September 2021 and therefore, you are right in that the current roles on the structure end on 31 August 2021.  However, your employment does not end on this date.  We were working with you to look at suitable alternative roles to mitigate against a possible redundancy, when you advised that you had successfully gained alternative employment with another employer.  You therefore did not want our process with you to continue.

When we last met, the outcome of the meeting was that you were going to consider your options in terms of VR and contact your new employer to discuss continuous service and a possible delay in your start date.  You did not make a request for VR.

I fully appreciate that you have contacted ACAS and would like to offer to speak with your case worker there, if that would help.  You are more than welcome to pass on my contact details to them, alternatively if you are happy to share their details with me, I can make contact.

Currently, your employer has not given you notice to end your employment with them and you have not done the same.  Therefore, your employment with the local authority will not end on 31 August 2021 and as such you will be expected to return to work at the start of the academic year, when we will re-engage in conversations with you  around the outcome of the review and any support available for you to mitigate against your redundancy.

all because I said I do not need to resign as I have been told My leave date is 31st of August my role will be redundant and my new job starts 6th September. They have been saying I need to resign as soon as possible.

getmore4less

Did they ever put you on formal notice of termination of employment?


If you have a letter saying that you will get terminated then they need mutual agreement to change that.

redundancy and any payments are separate but that would be less relevant as you have a job that should come with continuity anyway.

They are saying they have not so your employment continues as normal till they do.
what is the notice period, some school jobs it can be termed based. 

Lilee23

getmore4less said:

Did they ever put you on formal notice of termination of employment?


If you have a letter saying that you will get terminated then they need mutual agreement to change that.

redundancy and any payments are separate but that would be less relevant as you have a job that should come with continuity anyway.

They are saying they have not so your employment continues as normal till they do.
what is the notice period, some school jobs it can be termed based. 

Not given formal notice in writing but was told my employment ends 31st August. Think the notice is 4 weeks.

Just wanting to understand why I have to resign when they told me my job is redundant so I looked for another job which I got and starts after I leave. I know I am not getting redundancy pay due to modification order etc. 

Just very curious as to why they kept pestering me to resign as soon as possible. Also my role is redundant so why say now because I have not resigned that I would need to return to work 🤔