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Voluntary Severance

Hi gents/ladies. My employee offered the staff a voluntary severence opportunity last month and myself and many others have applied and been accepted. In my case, the decision on my application has been deferred for a few weeks while the chiefs consider some departmental reconstruction. I have a very gloomy feeling they may have exhausted their current lay-off budget and will offer me an alternative role in the department or business.

I can't see how they can force me to accept a position in another dept 'because if our dept wants to cut its staff costs, it can't go foisting me onto another dept if I don't want it.

If they turn down my request for vol-severancy in order to offer me a changed role within a reconstructed dept, do I have any option other than to accept it?

Thanks.

AD

Reply to
Davao - Arthur55
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Leavings aside all kinds of ifs and buts... If you decide to resign rather than accept a different job, you could take your case to an Employment Tribunal. But if your employer can demonstrate that (a) the new role offered to you was a suitable alternative, and (b) they have followed the prescribed procedures** in their handling of the entire restructuring / redundancy process, then they would win and you would come away with nothing.

** - including things like proper consultation, fair selection, etc.

HTH

Reply to
Martin

They must make you redundant if the job you were doing has disappeared at your place of work and you do not wish to take up any alternative offer of employment. They cannot make you take up any different type of work.

See the Employment Rights Act 1996, Section 139.

Reply to
Norman Wells

If this was an enforced redundancy, you are right.

I don't know the exact rules, but it seems difficult to imagine that they could do this for voluntary redundancy BICBW.

tim

Reply to
tim....

But see also....

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and specifically.... "If your employer offers you suitable alternative employment and you unreasonably refuse it, you may lose your right to Statutory Redundancy Pay."

Reply to
Martin

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But in my case, the company are offeing voluntary severance and I'm trying to snatch their hands off.

AD

Reply to
D55

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I understand that... but I assume your employer has actually phrased it (something like) "... you are invited to apply for ... but we cannot guarantee ... e.g. if too many people apply...".

It's a requirement (and also is not unreasonable) that, if the offer is over-subscribed, your employer needs to consider each of the applicants - and ensure that he operates a "fair selection" policy and consults.

Do you know how many positions are expected to become redundant? This affects the mandatory consultation / notice period, as well as the time reasonably needed to review everyone.

The reality, of course, is that the employer has people it's keen to retain, and others it's keen to release. Those most willing to volunteer in these kinds of situations tend to be the former - because they reckon they'll find alternative work quickly.

Reply to
Martin

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I think you assuming too wide a definition of unreasonable here.

AIUI the day to day tasks being different to previously IS recognised as a reasonable reason.

tim

Reply to
tim....

They can however move you around within departments if the job roll you are doing or which you will be doing is similar and the job is within the workplace or one near by

Its also subject to whats written within your terms of employment

Reply to
steve robinson

I know you say you volunteered but,

  1. Do you have another job to go to.
  2. Are you nearing retirement anyway.
  3. Is it not better to be employed or retrained where you are...if the bunce is the same or more.
Reply to
Mark Opolo

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