Can I force my employer to make me redundant?

Tonto67

I am working in a company that is slowly going down the tubes. Last year I had my hours and pay cut on a "temporary" basis which became permanent, I stuck it out because I had no option and I was better off working even at this reduced rate.

I have been approached recently by my employer with a demand that my hours are to be cut further. The proposed changes would total a ~50% reduction from my original salary meaning it will now cost me money to go to work. I have been told to agree or resign. My employer will not make me redundant, probably because I have a decade of service and it will cost a lot to do so. I get the impression I am being goaded into walking out relieving my employer of their redundancy obligations. Obviously this is not going to happen.

My question is, if I refuse to accept these new changes as an unacceptable change to my terms and conditions of employment can I compel my employer to make me redundant?

My employer will not sack me as they know they would have an unfair dismissal case to answer. They will not make me redundant as they will have to pay a lump sum but they insist I accept these new conditions. I feel like I am trapped with no way out of this situation.

Any pointers would help
Thanks

Ps: I am reluctant to try constructive dismissal since I do not think this company will be around too much longer and I don't know how that would pan out.

CH3OH

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/being_asked_to_reduce_your_hours_of_work.html

A read of this may be of assistance.

brenak47

The one thing to watch for is if u do look to be redundant he only has to pay u the weekly wage u have been on over the last year for the whole time u have been there.So u might want to look at that plus he can also say he can't afford to pay u and then u will only get statutory which is only 2 weeks for every year and could be at the low rate as this is what i got stuck for after 9 years in a place.The laws suck alot some times.

Tonto67

brenak47 wrote: »

The one thing to watch for is if u do look to be redundant he only has to pay u the weekly wage u have been on over the last year for the whole time u have been there.So u might want to look at that plus he can also say he can't afford to pay u and then u will only get statutory which is only 2 weeks for every year and could be at the low rate as this is what i got stuck for after 9 years in a place.The laws suck alot some times.

I am prepared for the fact I will only get statutory and that it will be based on my current wage. I fear that if I accept this new arrangement (not that I can afford to) even for a short time the lump sum would be based on the new lower amount. I cannot allow this to happen as I may be some time looking for work and I will be relying on it.

blindsider

OP - the link above is very useful.

Are you a member of a union? If so, get advice there.

Otherwise, they cannot force you to resign - this is utter nonsense from them and you need to stand your ground. I suggest telling them that you will not reduce hours or pay - you've done it once already, and that if they persist you will seek legal advice.

This is probably worth doing anyway. An initial consultation with an Employment Law solicitor should be available for an agreed fee - I won't speculate on the cost, but it's not that bad. Just make sure you go to a solicitor who specialises in Employment Law - a general solicitor will likely spend too much time researching your case - this costs money.

(As an aside, all the professions specialise these days - e.g. an Orthopaedic consultant doctor will not even consider seeing you for something not 'bone related' - they'll send you packing. A Tax accountant won't do your books, and try asking a civil engineer to look at your house....!)

Anyway, your employer will not like you standing your ground. Be prepared for some unpleasant conversations. Few companies offer more than statutory redundancy now as they get no rebate from Govt - 2 weeks per yr of service + 1 week is all you'll get.

You say you have 'a decade of service' - 10 yrs. 2 weeks x 10 yrs = 20 weeks = 1 week lump sum = 21 weeks pay


- Tell your employer 'No' to the wage decrease

- Do not sign any forms given to you by your employer - tell them that you'll take them home to read

- Find an Employment Law solicitor

- Start looking for another job immediately


Best of luck

Ray Palmer

brenak47 wrote: »

The one thing to watch for is if u do look to be redundant he only has to pay u the weekly wage u have been on over the last year for the whole time u have been there.So u might want to look at that plus he can also say he can't afford to pay u and then u will only get statutory which is only 2 weeks for every year and could be at the low rate as this is what i got stuck for after 9 years in a place.The laws suck alot some times.

Redundancy payments are stored separately in accounts. It isn't working capital. In effect it doesn't cost the company money as they have to have in order to exist.

jos28

I'm in a similar situation OP. I've been working for the same employer for over 20 years. I was put on a 3 day week nearly 2 years ago. I opposed it at the time but it was that or take a another paycut. I asked the boss to make me redundant but he said he couldn't afford it. I was able to get Jobseekers Benefit for the other 2 days. That payment is now coming to an end and I will not requalify. I'm really stuck, I won't be able to survive on 3 days pay alone. It makes searching for a full time job difficult. I don't want to walk away from 20 years service. If I could force my employer to make me redundant I'd have enough money to keep me going while I look for full time work.
Ill be interested to see what advice you get

Turtyturd

A lot of it depends on the type of company you are in. Happened to me in my last job, I was out on the road but there was a dispute about overtime and I refused to do anymore so was moved into the base.

When the inevitable 3 day week came I was the first one put on it, I was given sh*te demeaning jobs but just smiled and did the ones I had no issue with in twice the time they should have taken, and pointed out that most went against what we were taught on the safe pass course they funded so I wouldn't be doing them.

Final straw came when they told me that I would have to go back out on the road for the day to cover someone being sick. Again I refused to do anything that was 'unsafe' and when we got stuck on a job that afternoon I left at 5pm meaning that the place we were working on was left open overnight. Came into work the next day to a lot of huff and puff from the boss saying how I was going to be sacked but knew they hadn't got a leg to stand on and was being told I was being made redundant an hour later.

TL;DR If you can make things as awkward as possible for them you will get redundancy.

diannesaloe

be careful dont give the scumbags an excuse ,dont be late for work or miss any days sick and keep to yourself ,these people look for the slightest thing they can use against you

SterlingArcher

You are playing a game of hangman now. They will let you tighten the noose yourself.

Start looking for work, on your own time.. Call it "a career change". Say nothing about this to anyone. And best of luck.