Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think you shouldn't be barred from having a job to go to if you are being made redundant?

40 replies

M3lon · 31/10/2018 13:30

Friend is being made redundant (because his role is disappearing from the company) and the letter from the company regarding the redundancy states he can't have a job lined up already.

AIBU to think that can't possibly be right?

I can understand it when its a voluntary redundancy scheme - but this isn't!

Anyone have any ideas...or know where I could find legal evidence?

OP posts:
DameSquashalot · 31/10/2018 13:32

I have no idea, but it sounds wrong to me too.

MrsStrowman · 31/10/2018 13:33

If he doesn't have a union ACAS might have some advice

TeaStory · 31/10/2018 13:34

Some companies do this to get out of paying redundancy, they claim if you’ve got a job lined up then you “resigned”. It’s shit and shouldn’t be allowed. Is your friend in a union?

SassitudeandSparkle · 31/10/2018 13:36

Do you mean that the employee has to stay until the end of the redundancy period and can't leave early to take up another post?

Larrythecat · 31/10/2018 13:36

I'm guessing that what it means is that he will get the redundancy pay only if he works until the end of the contract. If he quits before that day to start another job, he won't get whichever pay is being offered. So he could start interviewing buy only with a view to start after his last day at this current job?

Original poster
M3lon · 31/10/2018 13:37

but isn't anyone's response to getting told they will be made redundant to find other work?

They didn't have the job before they got told!

Surely its illegal....

OP posts:
YreneTowers · 31/10/2018 13:37

It happened to someone when our company closed down.

I also had a job offer, but I spoke to them and asked if I could delay signing the contract until I had my notice of redundancy, and they were fine with it, so I still got my redundancy money.

PiperPublickOccurrences · 31/10/2018 13:37

Kind of depends whether the new job offer was received before the redundancy notice.

Original poster
M3lon · 31/10/2018 13:38

government guidelines on redundancy say you are entitled to have time off during the notice period to look for other work.

Surely that means that finding other work can't negate the fact you have been made redundant?

OP posts:
Original poster
M3lon · 31/10/2018 13:40

piper ahhh that's interesting. This is a situation in which the redundancy was known about long before the processes actually rumbled through. The dates can't be the wrong way around though as he's already a couple of months into the period.

OP posts:
Original poster
M3lon · 31/10/2018 13:41

Thank you for all the suggestions!

its clearly not as straight forward as you might think!

OP posts:
Caprisunorange · 31/10/2018 13:42

I’m sure it just means he was to work his redundancy notice period. Anything else would be unenforceable

Satsumaeater · 31/10/2018 13:42

Yes this is common practice. I was fortunate that when it happened to me, I found another job very quickly but the previous employer still paid me. I think you should still get the money because you have the upheaval and stress of changing jobs, you lose your continuous service and therefore protection against unfair dismissal and the benefits in the new job might not be as good.

Original poster
M3lon · 31/10/2018 13:44

I was really hoping they'd just sent the wrong type of letter as it seems clearly geared to a vluntary redundancy. But maybe not. Hmm

OP posts:
Dahlietta · 31/10/2018 13:48

I'm pretty sure this happened when we had redundancies a few years ago (teachers in a state school). Only those who couldn't find another job got the redundancy pay.

HerBigChance · 31/10/2018 13:52

I think some companies insist on there being four weeks between jobs, otherwise they won't pay the redundancy. Depending on the new company, you might be able to delay the start date to overcome this.

Someone I know worked voluntarily for a few days for the new company so that the start date could be adjusted and she could receive her payout from the previous place.

5foot5 · 31/10/2018 13:52

Sounds wrong to me.

I got made redundant just over four years ago and I had a job lined up to go to. So had many of us and made no secret of it.

In fact I believe some people who were going after me even had special job hunting and CV writing assistance laid on at the company's expense.

MrsPinkCock · 31/10/2018 14:00

If he’s been offered a settlement agreement as part of the process then yes, they can require him not to have another job.

If they’re paying enhanced redundancy pay then again, they can require him not to have a job to qualify.

If they’re paying statutory redundancy and notice pay then they can’t require him not to have a job offer.

shearwater · 31/10/2018 14:04

I suppose it is to stop people claiming money back who were leaving anyway. Unless you have already told them you are leaving prior to the redundancy notice I don't see how they could argue you have a job lined up already. Even if you did, you don't have to tell them until you need a reference.

howmanyusernames · 31/10/2018 14:04

I think once it's announced you are being made redundant you get a date that will be your last day at work. You are allowed time off for interviews etc, but if you leave before that date you do not get your redundancy payout as it is deemed as handing your notice in.
A friend of mine has worked for a company for 15 years, she knows she will be made redundant in February, but would rather have a job now and lose her redundancy payout as her role is quite specialist. She could hand on and wait, get £10k, but then if she doesn't find a job that money will be gone in 3 months.

shearwater · 31/10/2018 14:07

I think the main issue is whether you want to leave early:

www.moneyadviceservice.org.uk/en/articles/your-legal-rights-when-facing-redundancy

Notacluewhatthisis · 31/10/2018 14:08

Chances are your friend is getting above minimum and it's only if he leaves before the date agreed.

The money is there to help finances before new work is found. If new work is found and you leave before the agreed date, then you have resigned.

Bombardier25966 · 31/10/2018 14:09

What exactly does the letter say?

Once your employment ends the ex employer cannot dictate what you do. However they can make stipulations as to what you can do during any notice period/ gardening leave.

shearwater · 31/10/2018 14:10

Howmany, wouldn't it be easier for your friend to find a job that starts in February and keep the £10k? I bloody would!

howmanyusernames · 31/10/2018 14:12

Yeah, she is looking, and because of the level of role she'd go into it's not unheard of to have a 3 month notice period, so I'm sure the right company will wait for her!