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Redundancy reversal

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  • 20-11-2020 9:44pm
    #1
    cc12313
    Registered Users Posts: 10 ✭


    Hi guys,


    Hoping to get some advice. About 6 months ago, myself and 14 other staff members in a nursing home were told we we're going to be made redundant. They told us to apply to other jobs. Myself and 11 other members said we would stay on until it closed to look after residents and help with their move to other homes.


    Some TD's heard, Councillors etc. were made aware and got involved in instead trying to save the place. It was successful with a merger being made with a different nursing home and fair deals being brought in. Though it's staying under the same name and not the name of the nursing home it's merging with. There will be changes with the new place and it will become high dependency which it never was and isn't suited for. We were recently told, the money they set aside for our redundancy will now instead be used by the new owner to fix issues present.



    We were also just made aware that the staff who said they would look for other jobs signed form which means the job will now pay them redundancy. However, when we had discussions 1-2-1 with HR no form was ever mentioned to us so we have lost out in that protection.



    Is there any protection there for the staff who stayed?
    Tagged:


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    #2
    Smee_Again
    Registered Users Posts: 1,999 ✭✭✭Smee_Again


    Protection for what?

    If you still have a job then surely TUPE will apply and your length of service is protected but you won’t necessarily be offered redundancy as there is presumably a job for you.


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    #3
    cc12313
    Registered Users Posts: 10 ✭cc12313


    Smee_Again wrote: »
    Protection for what?

    If you still have a job then surely TUPE will apply and your length of service is protected but you won’t necessarily be offered redundancy as there is presumably a job for you.


    (Posting on behalf of someone's else)


    The work will now be for high dependency people which isn't what the original job is as it's turning from a respite home to a nursing home.


    Also, they never mentioned anything about the form that the others signed. Would withholding that information mean anything?


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    #4
    Smee_Again
    Registered Users Posts: 1,999 ✭✭✭Smee_Again


    cc12313 wrote: »
    (Posting on behalf of someone's else)


    The work will now be for high dependency people which isn't what the original job is as it's turning from a respite home to a nursing home.


    Also, they never mentioned anything about the form that the others signed. Would withholding that information mean anything?

    If the alternative job offer is reasonable in that it has similar pay, terms and conditions, responsibilities etc then refusing it will likely result in termination with no eligibility for redundancy.

    I’ve no idea about the form, it may be moot if an alternative job offer had been made and it sounds like those who signed accepted redundancy while those who didn’t sign had yet to accept the redundancy.


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    #5
    seagull
    Registered Users Posts: 2,340 ✭✭✭seagull


    If the work conditions are changing significantly, then you are still eligible for redundancy if you leave.


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