redundancy question(18 Posts)
Hi there: am going to have to be pretty specific to get the correct advice so have changed my name so I am not outed.
I work in a Media Archive and we are re-locating to new premises.
We will be co-locating with another (smaller) broadcaster in the next three years.
We both have archive departments with archive staff. We have just been told that a new archive team will be created with staff drawn from both teams.
It sounds to me like all the jobs we have now will be re-created/re-named etc. our working methods will certainly change.
Both teams will have to apply for the new jobs in the new Archive team.
Can anyone tell me what the redundancy laws are around a change like this? Will anyone left without a job get redundancy or are they just let go with nothing?
If someone decides not to apply for any of the jobs does that mean they will be given redundancy?
If someone does apply for a job but doesn't get it does that mean they will get redundancy?
My experience of something like this, not exact as different sector where two merged though I should say this was over ten years ago so may be out of date now, if nothing else my post might bump yours enough for someone with better knowledge to answer!
Anyway my experience was :
If someone doesn't apply for a job they will get nothing.
If they apply for a job and don't get it they will get nothing.
In my situation this was because there was not enough jobs to go around everyone so new jobs were created throughout the company, but doing similar roles if you see what I mean, were created but they were considered to be new jobs, not a continuation of the old one. Which it sounds like yours is going to do.
I'm sorry if that's not what you want to hear but that was my experience. I was lucky and got the job I applied for (that I'd previously done elsewhere but under a different role title and slightly different responsibilities). I know others who lost out and got nothing.
But like I said that's my experience from quite a long time ago and may no longer be the case.
Temporary, all roles are effectively being made redundant so in the event that you do not apply for a new role or are not successful in the new role, you should receive redundancy provided you have work there for the requisite time. Depending on the size of the workforce you should be given a specified period of notice that you are at risk of redundancy.
Hope you get the best outcome for your circumstances.
So my best option would be to not apply if I want to get redundancy pay because if I do apply but not get it then I won't get anything.
Please - does anyone with any employment law knowledge (flowery?) have links which would clear this up for me?
If my role has completely changed and my job goes, doesn't that mean I am redundant?
Sorry that was in answer to Becca.
From what notso has said I will get redundancy. I have been there for more than ten years. I have a good redundancy package.
The HR person in work seemed not to have a clue.
I agree with notso. Everybody is being made redundant because their specific role will no longer exist, and they all have a chance to apply for the new jobs.
I was just replying with what happened to me, so don't panic, hopefully itll be much better for you!! Seems that way from what others have said.
Sorry to hear what happened to you Becca.
My husband has experienced a situation where he was tupe'd over with all his existing T&Cs but this is slightly different.
I am worried that the HR person at our meeting is either lying or doesn't know the law.
The HR person might just not have a clue, it happens, unfortunately. I was ok in my situation but there were many others who weren't.
Are you in a union? Or maybe CAB? Could you ask them? You need to find someone to confirm this in RL as well as MN (no offence to those others who replied on this thread!) just so you can be sure.
I am in the union.
Today I sent a few questions to the HR woman and feel a bit clearer about the whole thing.
Thank you all for the advice.
If your role is redundant and there is a suitable alternative (same or no less favourable terms and conditions and suitable for your skills and experience) offered to you and you decline it, you won't be eligible for redundancy.
You will have to ask your employer whether it's possible to opt for redundancy by not applying for the jobs (assuming at least one of the jobs is suitable) or whether it will be compulsory redundancy only, ie whoever doesn't get selected through the process.
My dh took voluntary redundancy last year; they closed down his office but offered him the same role elsewhere. We felt it was too far to commute and the renumeration package didn't compensate him for the travel costs and time so he took the voluntary redundancy package. (I'm of the opinion that they essentially forced him out the door but there was no way to prove this)
His employers offered him a higher redundancy pay than the legal requirement, which was nice.
Hopefully your situation will work out for the best, op!
I hope it's sorted soon, and is the best outcome for you.
In a previous job, our team went from 4 to 2 and we had to re-apply, they also made a new job which was earmarked for me, unfortunately I didn't want it so didn't apply, so they took someone new on for it.
I still got my statutory redundancy pay, even though I turned down the suitable alternative so I guess it depends on the company.
Good luck OP
They have said that they may accept voluntary redundancy but it depends on if they need the person to stay in their role.
Also been told that other roles will be found where possible.
To be honest I can't imagine them finding me a role I wouldn't like but I think it would be very unlikely that they would find me anything outside of the archive as I just don't have the experience nor skills for the other kinds of media jobs that are regularly advertised.
If they are merging two teams and require fewer people to carry out work of a certain kind then there will probably be redundancies. They can put you all in a "pool" and score you or they can ask everyone to apply for the new roles (if they have new titles etc.). If you are not slotted into or do not get one of the "new" roles then you might be redundant. However they are under an obligation to consider you for suitable alternative employment. If there is suitable alternative employment (same salary, level of responsibility etc.) and you refuse it then technically you would be resigning. But it sounds as though, if you do not get one of the new roles you will be redundant. If so you are entitled to a redundancy payment if you've been there for over 2 years. Useful factsheet here www.yesslaw.org.uk/fact-sheets/redundancy/
Similar happened to me a few tears ago.
Team of four - all jobs were being made redundant.
Two new roles were created which all 4 of us could apply for.
I decided not to apply and was made redundant.
Another in team applied and she didn't get the new job so was made redundant.
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