Redundancy

Leroy42

Hi,
Have I been told that my position is no longer required and thus being made redundant. They only told me yesterday and haven't given me many other details such as dates or package

One thing they did say was that they were creating a new fixed term contract position that they wanted me to take, which would be on the same rate I am on now.

They also stated that any redundancy payments would only be due when I actually left, ie not if I take up the new position.

Just wondering what the actual position on this is? I know about the reasonableness grounds but I would be of the view that since I am effectively losing my permanent role that in itself constitutes a redundancy and any other role is completely separate.

terrydel

Leroy42 wrote: »

Hi,
Have I been told that my position is no longer required and thus being made redundant. They only told me yesterday and haven't given me many other details such as dates or package

One thing they did say was that they were creating a new fixed term contract position that they wanted me to take, which would be on the same rate I am on now.

They also stated that any redundancy payments would only be due when I actually left, ie not if I take up the new position.

Just wondering what the actual position on this is? I know about the reasonableness grounds but I would be of the view that since I am effectively losing my permanent role that in itself constitutes a redundancy and any other role is completely separate.

Speak to an employment solicitor or a union, I'd be very careful here.

salmocab

My limited understanding is that for you to get a redundancy payment your job must be getting made redundant in so far is it will no longer exist. Your job will still exist they just want to change your t&cs. I would think they probably can’t force anything on you and I doubt they can promise to pay a lump sum (that I think is meant to be tax free) at some future date.
I would 100% be talking to an employment solicitor.

Leroy42

Thanks for the replies, will defo be going to a solicitor. Just to clarify, my current role is being got rid of, I was being offered a completely different role (although will probably still be answerable to the same people) but the tasks I will perform have little in common.

salmocab

Leroy42 wrote: »

Thanks for the replies, will defo be going to a solicitor. Just to clarify, my current role is being got rid of, I was being offered a completely different role (although will probably still be answerable to the same people) but the tasks I will perform have little in common.

Oh that probably complicated it but I would still think that your unlikely to get redundancy payment at a future date. It’s a legal procedure with rules.
Do you have the option of taking the payment and walking away?

Leroy42

Yes, it would appear so. I can't quite work out the logic of what they are doing in that they would have to pay redundancy at some point. I guess they are hoping that by withholding redundancy until the end of the fixed term contract it locks me into that once I take the job, as if I leave that will be me leaving instead.

terrydel

Leroy42 wrote: »

Thanks for the replies, will defo be going to a solicitor. Just to clarify, my current role is being got rid of, I was being offered a completely different role (although will probably still be answerable to the same people) but the tasks I will perform have little in common.

I've a bit of experience with redundancy in an union rep type role.
If your job is being done away with, they must provide at least statutory redundancy, or offer a new position on the same terms. The choice of which to take is up to you. Thats my understanding based on limited experience.
But as I said, speak to an expert. You could do yourself out of your statutory rights here very easily, and I dont care if people call me a cynic or conspiracy theorist, employer's often knowingly mislead employees in this regard, and basically try con them to save some cash.

RebelButtMunch

terrydel wrote: »

I've a bit of experience with redundancy in an union rep type role.
If your job is being done away with, they must provide at least statutory redundancy, or offer a new position on the same terms. The choice of which to take is up to you.
But as I said, speak to an expert. You could do yourself out of your statutory rights here very easily, and I dont care if people call me a cynic or conspiracy theorist, employer's often knowingly mislead employees in this regard, and basically try con them to save some cash.

This times 100. Be very cautious and stay suspicious of any 'favours '.

Berserker

Leroy42 wrote: »

Thanks for the replies, will defo be going to a solicitor. Just to clarify, my current role is being got rid of, I was being offered a completely different role (although will probably still be answerable to the same people) but the tasks I will perform have little in common.

And you'll end up doing the same work again. Best to seek professional advice but I would suggest that you take your redundancy package and leave. Will your new contract be with the same company?

terrydel wrote: »

and I dont care if people call me a cynic or conspiracy theorist, employer's often knowingly mislead employees in this regard, and basically try con them to save some cash.

You are not being a cynic. Something doesn't sound right. They are trying to screw him or her out of their pension, if it exists, I suspect.

daheff

as others said, get legal advise


not sure what industry/location you are in, but if possible i'd suggest making a clean break from the company now. you'll be gone in a year anyways if you take that contract (if you even get that long out of it).

Afollower

If I were you I would immediately join a Trade Union - way cheaper than consulting a Solicitor and also way more knowledgeable of industrial relations/employment law.