Can anyone advise on voluntary redundancy?

[musicposy]

DH works in an industry badly affected by the lockdowns. He has a good, secure (we thought) job he’s been in for over a decade.

He works a roster where you earn the same pay each month but work the hours over the year whenever they need you, within certain parameters. I believe there’s a minimum and maximum number of hours per week, min and max length of shift etc. In quiet times for the business he will, sometimes only have 3 shifts a week, in busy times 5 or 6 long shifts.

This has been fine but he was in hospital with a serious illness last year and off work for 3 months. All his phased return missed hours he had to make up at the end of the year and although he is recovered, this was very hard for him. He luckily had annual leave left and had to keep booking that here and there to cope.

When this crisis hit, they kept cancelling his shifts. They said that every one of those shifts would have to be made up over the next year or two. As the month went on we started to get worried about how impossible it would be for him to work 6 days a week for the rest of the year to make up all these hours. They’ve been saying they will continue to run a greatly reduced rota for them, with all hours to be made up over two years.

They then sent out a package asking people to apply for voluntary redundancy. That night the govt announced the furlough scheme. DH has been phoning, emailing, trying to get an answer as to whether he can be furloughed but HR are on answerphone that they aren’t replying to and his line manager couldn’t get an answer either.

The redundancy deadline application was very quick - just over a week to decide, and because we knew there was no way DH could manage to make up the extra hours we applied.

Six hours after the application deadline they send out an email saying they are furloughing all remaining staff and no need to make up hours.

I feel as though we’ve been to totally duped into applying for redundancy. They’ve deliberately told no one what was happening until the deadline had passed - radio silence for a week and a half then suddenly all the information comes out. He hasn’t signed yet, but can they make him take it now?

phone a lawyer. Sounds like constructive dismissal claim.

You can withdraw your vr request.

The attached is from Acas. Look at their web site and see if the company acted legally. If not, the employees should see the employers. If there has not been a meeting with your DH, that’s not acceptable. How many are being made redundant? That matters too? Acas has more info and might be able to advise.

If there has not been a meeting with your DH, that’s not acceptable

So far all that has happened is that he has volunteered for redundancy. That puts him in the pool of those who may be made redundant. It doesn't mean he will be made redundant. Even if he doesn't withdraw his request, his employer may decide not to select him for redundancy. There needs to be a consultation before anyone is actually made redundant but there was no requirement for a consultation before he volunteered.

I don't know the law on this but in my organisation (public sector, unionised, loads of voluntary and compulsory redundancies) when you 'apply' for VR you are, in fact, just asking to be considered for VR. The employer considers whether or not to offer you VR. If they offer it to you they send you a Settlement Agreement which, if you want to accept their offer, you sign but you have to see an independent solicitor first (which our organisation pays for). But you don't have to accept the offer of VR. Only staff who return a signed settlement agreement will actually be leaving on VR. Anyone who decided not to sign remains a member of staff.

I don't know if that is standard legal practice but I suspect it is. Try Googling "settlement agreement VR" and there are solicitors' firms who give explanations.

This is all really helpful, thank you everyone.

I have always understood that the company should talk to employees when there is a redundancy situation. They do not need to offer one to one at this stage but most employers talk to employees about strategy and voluntary redundancy is a strategy.