Refused redundancy pay

(11 Posts)
TheSunAlwaysShines1 Thu 31-May-18 23:07:38

My company was taken over last year. I was part of a TUPE transfer.

I have 2 different roles with 2 separate contracts.

Job 1 is 30 hrs per week and higher hourly rate. Job 2 is 5 hrs a week.

I have been made redundant from job 2. They offered me additional hours to job 1 as suitable alternative employment, however the jobs aren't comparable. I declined these hours due to job 1 being physically and mentally demanding- in the long run bad for my health.

Job 2 isn't really being made redundant as it's being extended to full-time. I was offered this but it would have meant giving up job 1 which is better paid at fewer hours. My work in job 2 hasn't been made redundant it will be given to someone else.

I don't believe this is a true redundancy. Have I grounds to appeal?

OP’s posts: |
NewBallsPlease00 Thu 31-May-18 23:14:47

The key point is whether job 2 is still available/ if so then it shouldn’t be redundant

TheSunAlwaysShines1 Thu 31-May-18 23:44:30

Job 2 is being advertised. I can't do job 1 and job 2 simultaneously and it would be a 60 hour week. Job 1 pays better.

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TheSunAlwaysShines1 Thu 31-May-18 23:47:42

During redundancy consultation they confirmed why I hadn't accepted extended hours of job 2. They stated they wanted 1person doing this role for 39 hrs and not one person doing 5 hrs (me) and someone else doing the remaining 25 hrs. I have this written in black and white.

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TheSunAlwaysShines1 Thu 31-May-18 23:58:34

Sorry 30 hours (so just shy of full-time)- they put it to me in the redundancy process they wanted 1 person working 30 hours so don't want me doing my 5 hours and the new person doing 25 hours.

So in effect I'm having my hours Akan away and given to someone else!

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cloudtree Fri 01-Jun-18 00:01:25

The rules on redundancy when a person has multiple contracts are complex but this might help you

www.local.gov.uk/sites/default/files/documents/employers-e-guide-no7-gui-918.pdf

TheSunAlwaysShines1 Fri 01-Jun-18 00:28:23

Thanks cloudtree i will have a read.

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Sugarhunnyicedtea Fri 01-Jun-18 07:35:50

Is there currently somebody else doing the additional 25 hours? If not then it could be argued that the 5 hour role no longer exists as it is now a 30 hour role (with 30 hours worth of duties)
You have been offered the role and turned it down so they have done everything right so far

Sugarhunnyicedtea Fri 01-Jun-18 07:39:36

Sorry. I've just reread and seen you were TUPE transferred. Do you know the terms of that?

TheSunAlwaysShines1 Fri 01-Jun-18 08:41:06

Although I was offered job 2 on extended hours it meant giving one job up over the other. They would clash- my hands been forced so to speak, I decided to keep job 1 as more money. The tasks I perform still need doing.

I think we still have to follow the new companies procedure when it comes to redundancy even though I was transferred by TUPE.

OP’s posts: |
TheSunAlwaysShines1 Fri 01-Jun-18 08:45:55

My line manager has been promoted. So her old job is available. They wanted to extend my hours to cover this.

OP’s posts: |

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