Could this damage the right to redundancy?

(14 Posts)
somebloke123 Wed 14-Nov-12 10:02:16

I haven't read all the threads below so apologies if this has been asked and answered before:

We are in the process of a restructure at my work and we are being asked to apply for a series of jobs - all new job descriptions.

If I get one at my current level - or even one pay scale below - I would accept it.

However there seems a real possibility of having to drop 2 pay scales, which would mean a reduction of around 30% in pay.

If I were offered this and turned it down as unsuitable in view of the large drop in salary, does anyone know if I would just be considered to have resigned and so lose any entitlement to statutary redundancy pay?

TheFoosa Fri 16-Nov-12 09:24:38

Hi, I'm going through similar at the moment. I don't think it has any affect on the original redundancy offer (have they offered redundancy?). You are not obliged to accept an alternative role if it isn't suitable.

somebloke123 Fri 16-Nov-12 10:13:55

There was an original offer of voluntary redundancy which I did not apply for and for which the deadline has passed, though as far as I can see it was no more generous than ordinary statutory redundancy would be.

If they end up not offering anything then I would get statutary redundancy. However they claim that if they offer some (any) position and you turn it down then you will be considered to have resigned and therefore not get any redundancy payment.

What I would like to clarify is whether I could safely turn down the offer of a job on significantly lower pay without jeopardising my right to a redundancy payoff.

TheFoosa Fri 16-Nov-12 10:21:48

I think it would affect your redundancy if the alternative role was considered suitable.

If the pay was significantly lower then that could be considered unsuitable.

this is from CAB

you need to get some advice I would say

good luck, it's no fun this redundancy lark

flowery Fri 16-Nov-12 10:28:16

Yes you can turn it down. To be a suitable alternative a role has to be on the same or no less favourable terms and conditions, so a significant pay cut wouldn't be suitable.

somebloke123 Fri 16-Nov-12 10:39:29

Thanks Foosa, that link is useful. It does seem a grey area and I think you're right I should take advice. Perhaps I should break the habit of many years and join the Union.

One interesting thing I see from the CAB document is that if you are made redundant you are entitled to 1 week of notice for every year of service, up to a maximum of 12 weeks, which in fact I would get. An extra 3 months of salary is a cushion worth having.

I couldn't agree more, this stuff is no fun at all. At least in my case I'm within a couple of years of retirement so it's not so big a deal as if I were 10 years younger.

Good luck to you too.

somebloke123 Fri 16-Nov-12 10:44:34

Thanks flowery - that's reassuring.

DevaDiva Fri 16-Nov-12 22:27:05

Just want to say although its shit its good to hear others in same situation makes me feel more normal. I took redundancy was made redundant in July due to restructure/sale of company from a job I LOVED. Sending good luck vibes to you all grin

TheFarSide Fri 16-Nov-12 22:40:15

Perhaps I should break the habit of many years and join the Union.

hmm

Unions don't look kindly on people who just join because they need some free legal advice.

flowery Sat 17-Nov-12 11:35:55

I don't think it's a question of not looking kindly, but they wouldn't normally help with a pre-existing situation.

somebloke123 Mon 19-Nov-12 10:19:48

Well yes point taken but it's not (yet) a pre-existing situation, more a situation that may present itself in the near future.

flowery Mon 19-Nov-12 11:58:42

You'd have to check with the relevant union of course, but given they've had voluntary redundancies, you are in a restructuring process and you are applying for alternative jobs, my guess would be that most unions would consider that to be a pre-existing situation.

somebloke123 Mon 19-Nov-12 14:01:12

Well the relevant union's website says that you qualify for legal advice provided you joined at least 4 weeks before you realised you needed advice. I don't need it - yet, and maybe not at all.

somebloke123 Mon 19-Nov-12 17:07:58

Actually I have just noticed the bit in the CAB document which says that the weekly pay for statutory redundancy purposes is capped at £430, which would make my statutory payoff much less than I had previously thought.

I may be faced with the need to take the big pay cut after all without the tempting prospect of telling them to stuff it.

Damn.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now