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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To say if my company make me redundant

21 replies

IceAndASlice123 · 05/09/2019 23:05

They have to offer me the same hours in a similar role within the company or pay me full unemployment. They cannot offer me a small job within the company on just one morning and then not pay unemployment when I turn it down?

OP posts:
ElizaDee · 05/09/2019 23:08

Are you in America?

IceAndASlice123 · 05/09/2019 23:09

No, why?

OP posts:
ElizaDee · 05/09/2019 23:15

Why would your company pay you unemployment then?

Sycamoretrees · 05/09/2019 23:15

Depends how long you have been employed there for. If it's less than 2 years they can do what they like unfortunately. If it's more than 2 years you have to either be offered a suitable alternative (similar hours and money) or to be compensated for loss of job with redundancy money. They can still offer you less hours, but they can't make you take them instead of the money unless you want too.

jimmyhill · 05/09/2019 23:17

In UK, you need to offered "suitable" alternative employment. Suitable would be similar hours /pay / duties.

It's called redundancy pay not "unemployment" which is an Americanism.

Your entitlement is complex depending on time served in job and your age at redundancy.

Government website has full details. Seek legal advice via ACAS and/or your union.

IceAndASlice123 · 05/09/2019 23:19

Eliza, what do you mean? Of course I am entitled to redudency pay.

I have been at my place 12 years. So if I was working 18 hours in this job, I couldn't be expected to take a 3 hour job with them? Then refused redudency pay if I said no to doing that much smaller paid job?

OP posts:
IceAndASlice123 · 05/09/2019 23:21

Thanks Jimmy. 34 and worked there 12 years. Worried they are trying to dodge paying me redudency money.

OP posts:
Sparklesocks · 05/09/2019 23:24

I think the terminology is confusing some, OP. Redundancy pay is what UK companies pay to staff they’ve made redundant based on their service, unemployment is money US states often cover for staff that have been redundant/let go through no fault of their own.

familycourtq · 05/09/2019 23:25

You need to see an employment lawyer asap

Lwmommy · 05/09/2019 23:26

Contact ACAS or your union if you're in one.

They can offer a similar role but it needs to be a good match, I think the job description needs to be a 90% match or something along those lines.

Sparklesocks · 05/09/2019 23:27

Yes from what i understand they need to offer you a ‘suitable’ alternative role, but i suppose the specifics of that could be spun by them if they are being cheeky. Are you in a union OP? It also might be worth speaking to ACAS

IceAndASlice123 · 05/09/2019 23:29

Sorry, very tired.

So a 3 hour job would not be seen as matching my current role of 18 hours then. I really do think they will try anything to get out of paying me redundancy money. Will get onto acas. Thank you.

OP posts:
DianaT1969 · 05/09/2019 23:29

Which country are you in?

IceAndASlice123 · 05/09/2019 23:31

In UK

OP posts:
Clarinet1 · 06/09/2019 00:32

I should think that if they offered you much reducded hours in the way that you describe, you might well have a case for constructive dismissal - this is when the job changes in such a way that it is no longer "What you signed up for" - reduced hours and, therefore, earnings would seem to come into this category. I think that to claim constructive dismissal you do actually have to leave the job because the situation is untenable. As PP have suggested, you may want to take legal advice - ACAS/CAB etc.

violetbunny · 06/09/2019 01:57

OP, I would ask for this post to be moved to the Employment issues section. You'll get better advice there.

araiwa · 06/09/2019 02:29

If they paid me the same salary id be very happy with 3 hours a week

IceAndASlice123 · 06/09/2019 07:31

Posted here for traffic.

They wouldn't be paying me the same salary though. It would just be their idea of offering me another job within the company.

OP posts:
Bluntness100 · 06/09/2019 07:37

What does your contract say for hours op?

Jimmers · 06/09/2019 08:02

They’re definitely trying to avoid paying redundancy money, and a 3hr job is not suitable alternative employment if you’re currently working 18. Unless they offer pay protection (ie pay you the 18hr salary for a fixed period while you’re working 3), which would give you the opportunity to find something else. Tricky one, and constructive dismissal is difficult to prove. Speak to ACAS. Good luck!

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