Follow on redundancy questions

ir35 said:
@Goat Eyes In my wife’s case she has now been told she will have to apply for a new position and won’t just be offered an alternative role without applying for one and being successful . Am I right in thinking if they don’t actually offer a specific job without having to apply for it, then she will be entitled to redundancy regardless .
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Depends on the business. In your wife's case it looks like they are looking to make redundancies. In other companies, employees will be placed into another job so that the company doesn't have to pay out/lose staff.
 


kossoff said:
Depends on the business. In your wife's case it looks like they are looking to make redundancies. In other companies, employees will be placed into another job so that the company doesn't have to pay out/lose staff.
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Yes but they aren’t placing/offering anything, you have to apply for what’s available.
 
ir35 said:
Yes but they aren’t placing/offering anything, you have to apply for what’s available.
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Likely meaning there are x number of staff being made redundant and y (a much smaller number of jobs) that will be available.

If your wife wants to have a job in the company she will need to apply otherwise she will be given a redundancy package.
 
kossoff said:
Likely meaning there are x number of staff being made redundant and y (a much smaller number of jobs) that will be available.

If your wife wants to have a job in the company she will need to apply otherwise she will be given a redundancy package.
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That’s what I was trying to find out mate, officially there is no voluntary redundancy but she doesn’t want to apply for any other role and wants redundancy.
 
ir35 said:
That’s what I was trying to find out mate, officially there is no voluntary redundancy but she doesn’t want to apply for any other role and wants redundancy.
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I’m no expert but Kossof has basically said what my understanding is.

If she has to apply she’s not being “offered” alternative employment.

She should go straight to redundancy by the sounds of things.
 
ir35 said:
@Goat Eyes In my wife’s case she has now been told she will have to apply for a new position and won’t just be offered an alternative role without applying for one and being successful . Am I right in thinking if they don’t actually offer a specific job without having to apply for it, then she will be entitled to redundancy regardless .
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Yes.
 
HellsBells said:
I’m no lawyer but that doesn’t sound like suitable alternative employment at all. Less money, lower grade? Nee chance.

Any update @sadders ?
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I have been given formal notice of my dismissal by redundancy (no package as I turned down the SAE). I leave on 22nd Feb.

At the meeting I was notified of my right to appeal which is similar to the grievance process so a lot less formal than tribunal and it is normal to self represent.

I notified of my intention to appeal last Monday but have had no response so have sent chase up emails today.

I took @Goat Eyes advice and posted the details on a CIPD forum. I have tried to be as non-partisan as possible with the information given. They have all been very positive about chances of success at appeal and have given advice. I am however still not positive about getting a package as I have come to understand that big employers have a lot of clout and legal support. Job descriptions and policy seem to be written in such a way to give the employer all the power. If I don't win at appeal, that will be the point to leave it as I will have done all I can.
 
sadders said:
I have been given formal notice of my dismissal by redundancy (no package as I turned down the SAE). I leave on 22nd Feb.

At the meeting I was notified of my right to appeal which is similar to the grievance process so a lot less formal than tribunal and it is normal to self represent.

I notified of my intention to appeal last Monday but have had no response so have sent chase up emails today.

I took @Goat Eyes advice and posted the details on a CIPD forum. I have tried to be as non-partisan as possible with the information given. They have all been very positive about chances of success at appeal and have given advice. I am however still not positive about getting a package as I have come to understand that big employers have a lot of clout and legal support. Job descriptions and policy seem to be written in such a way to give the employer all the power. If I don't win at appeal, that will be the point to leave it as I will have done all I can.
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I’m still really angry that the Union haven’t done anything. Will they support you with the appeal?

Remind me why you turned it down again/why it wasn’t suitable?
 
HellsBells said:
I’m still really angry that the Union haven’t done anything. Will they support you with the appeal?
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I've not asked as I am still fuming with them. I will take my rep but as a friend rather than rep.

ir35 said:
Could you give your opinion on this scenario. The wife is currently a team leader at Sainsbury’s and all team leader roles are being removed from all stores. Apparently at some point she will be offered alternative employment as a normal shop floor colleague on less money and possibly less hours. Would her turning that down be reasonable in regards to getting redundancy.
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When is Suitable Alternative Employment Not Actually Suitable?
 
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HellsBells said:
I’m still really angry that the Union haven’t done anything. Will they support you with the appeal?

Remind me why you turned it down again/why it wasn’t suitable?
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This. I would insist that they take the case, you are paying subs so are basically their employer.
 
sadders said:
I have been given formal notice of my dismissal by redundancy (no package as I turned down the SAE). I leave on 22nd Feb.
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Employment Tribunal time, robbing twats.

HellsBells said:
I’m still really angry that the Union haven’t done anything. Will they support you with the appeal?
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Because they're often worse than useless with reps who are in the managers' pockets. Thankfully, employment tribunals are free again and this will be easy to self represent. He was offered an unsuitable role, they owe him redundancy package.

sadders said:
If I don't win at appeal, that will be the point to leave it as I will have done all I can.
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No no no, tribunal is when you've done all you can, it won't reach that point though as they'll pay up as it costs them more monies.
 
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AndrewP said:
Employment Tribunal time, robbing twats.



Because they're often worse than useless with reps who are in the managers' pockets. Thankfully, employment tribunals are free again and this will be easy to self represent. He was offered an unsuitable role, they owe him redundancy package.



No no no, tribunal is when you've done all you can, it won't reach that point though as they'll pay up as it costs them more monies.
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Are tribunals free?
 
HellsBells said:
Are tribunals free?
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They are again now, the European Court ruled the fees were unlawful. They are also refunding everyone who paid.

I assume the only cost is representation.

@sadders heres still hoping you get sorted and I hope all the advice from everyone has been helpful. Have you got another job lined up in the meantime?
 
Wilfy said:
This. I would insist that they take the case, you are paying subs so are basically their employer.
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All day this. I'd demand it or need detailed reasons why they weren't.

Goat Eyes said:
They are again now, the European Court ruled the fees were unlawful. They are also refunding everyone who paid.

I assume the only cost is representation.

@sadders heres still hoping you get sorted and I hope all the advice from everyone has been helpful. Have you got another job lined up in the meantime?
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You have to laugh.
 

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