What am I entitled to?

Elora292

I have been told my role is being made redundant. My boss has said they are creating new roles and there is one he advises me to go for. Due to the fact that they aren't giving me another job and I have to apply, would i be able to qualify for redundancy pay even if I apply and get the new role? Been with company 9 years. I'd like to get some advice before I go in for formal meeting. Thanks

oldernonethewiser

If you applied for and got the new role you would not be entitled to any redundancy payment.

https://www.gov.uk/redundancy-your-rights/redundancy-pay

p00hsticks

And bear in mind that if you didn't apply for the new role you may need to explain why you don't consider it a suitable equivalent to your existing role in order not to lose your right to redundancy

Read this from ACAS
Suitable alternative employment - Your rights during redundancy - Acas 

Brie

Or you could apply and submit a really bad application and do dreadfully in the interview.  I thought I was a shoe-in for a new role created when a number of us were being made redundant.  I was the only one in the company out of thousands of employees who had any experience.  Made such a mess of the interview they politely said no and hired someone else.   Decade on I have no regrets about this at all.

Hoenir

  Elora292 said:

Due to the fact that they aren't giving me another job and I have to apply, 

That's how the process works. Those being made redundant have to be given an equal opportunity for any other positions available. 

EnPointe

Elora292 said:

I have been told my role is being made redundant. My boss has said they are creating new roles and there is one he advises me to go for. Due to the fact that they aren't giving me another job and I have to apply, would i be able to qualify for redundancy pay even if I apply and get the new role? Been with company 9 years. I'd like to get some advice before I go in for formal meeting. Thanks

you are put at risk  - you apply for new  roles  which are a  reasonable match to your current  grade and skills , your employment continues  ( often the  first round of recruitment  for these roles  are reserved for at risk people and sometimes in specific  grades)

if you don't apply  you have to demonstrate that  the roles offered are not suitable alternative employment  , if you fail to do this you are deemed to have resigned 

if you apply and are unsuccessful you  are redundant

thebrexitunicorn

If you don’t apply for a new role you should be made redundant.   You only lose your right to a redundancy payment if you unreasonably refuse a suitable alternative role.   You have not been offered a role, you have only been given the option of applying for one- not the same thing. 

MeteredOut

thebrexitunicorn said:

If you don’t apply for a new role you should be made redundant.   You only lose your right to a redundancy payment if you unreasonably refuse a suitable alternative role.   You have not been offered a role, you have only been given the option of applying for one- not the same thing. 

What if the new role has more responsibility and should attract a higher salary, but the employer does not want to pay more than the current employers salary. Would that fall under a reasonable reason to refuse a suitable alternative role?

TheSpiddalKid

thebrexitunicorn said:

If you don’t apply for a new role you should be made redundant.   You only lose your right to a redundancy payment if you unreasonably refuse a suitable alternative role.   You have not been offered a role, you have only been given the option of applying for one- not the same thing. 

I would caution against a strategy of just not applying without being clear on the reasons for not doing so. If you do not wishing to apply for a role, it's always advisable to communicate this decision to the employer and outline the reasons why. The ambit of what justification an employee can give as a reasonable for refusing a role (or refusing to apply for a role) is broader than people believe it Is but is always case-specific to the individual circumstances. 

LinLui

TheSpiddalKid said:

thebrexitunicorn said:

If you don’t apply for a new role you should be made redundant.   You only lose your right to a redundancy payment if you unreasonably refuse a suitable alternative role.   You have not been offered a role, you have only been given the option of applying for one- not the same thing. 

I would caution against a strategy of just not applying without being clear on the reasons for not doing so. If you do not wishing to apply for a role, it's always advisable to communicate this decision to the employer and outline the reasons why. The ambit of what justification an employee can give as a reasonable for refusing a role (or refusing to apply for a role) is broader than people believe it Is but is always case-specific to the individual circumstances. 

I agree. It is exceptionally dangerous to rely on advice that suggests you will get redundancy pay if one doesn't apply. Context is everything.  If you don't want the job(s) on offer then @Brie 's advice of screwing up your application or throwing the interview is more dependable (although do try to make it look accidental). Or is possible that the employer, if they must make redundancies,  is happy to discuss letting people who want to go take redundancy if that means people who don't want to get more chance of staying. But I would certainly suggest a conversation that goes "out of interest,  what if I don't want to apply" or a similarly cautious question might be more sensible than a refusal.