HR / Legal type help

[writingsonthewall]

Is there any HR/legal types that might be able to help me with a few questions. I have ChatGPT'd it but would be good to get some real life experience as well if possible please.

1. I have been 'acting up' at work into a senior role for over 12 months. If I was to take redundancy (either voluntary or otherwise), they have advised package calculations would be based on base salary in substantive role. Would I have a case to argue they should be based on acting up salary given I have been getting it for so long (ie it has become my normal remuneration). If I have a case to argue, what are the chances they would back down. The settlement they are offering is in excess of statutory.

2. In the redundancy terms they have advised that I would not be able to work for any of their subsidiaries (many companies) for a period of 12 months without having my settlement clawed back. Could I negotiate this? 12 months seems crazy long and the subsids are not competitors so what is the reason. They claim it is to stop "external applicants" (ie those that have left with redundancy) from being given roles over internal (ie group companies) applicants, but surely that is down to them to advertise roles internally first?

3. I have put in a statutory flexible working application. I had a call with Employee relations yesterday about it which was essentially her interrogating me on my reasons for the request. She wanted me to walk her through my caring responsibilities and the symptoms of my menopause. I declined on the medical issues and said I would speak to OH if required. I did not think flexible working applications would require this level of scrutiny. I thought (perhaps mistakenly!) I could apply for whatever reason I wanted and they had to consider whether they could accommodate. The focus of the call was not on how the business could manage it, it was on me and my "issues".

4. If my role is displaced in a compulsory redundancy situation, could they force me into another role that is same level, same location, same hours that I am qualified to do.

Urgh. Bloody work.
Any advice very much appreciated.

Just to add I have also called UCAS they weren't that clear and said I should consult a lawyer...

Hey OP,

I'd be happy to help you break down your questions and provide some insights. Given the complexity of your situation, it might be beneficial to consult with an HR expert or an employment lawyer who can offer personalized advice. However, I'll do my best to provide some general guidance.

1. Redundancy package calculations: Whether your acting-up salary should be considered for redundancy calculations depends on various factors, including your employment contract, company policies, and relevant employment laws. If you've been acting in the senior role for over 12 months and receiving the corresponding salary, you might have a case to argue that it should be considered your "normal" remuneration. However, the outcome would depend on the specific circumstances and the company's policies.

1. Restrictive covenants: The 12-month restriction on working for subsidiaries might be negotiable, but it's essential to understand the reasoning behind it. If the company's concern is about external applicants being favored over internal ones, you could propose alternative solutions, such as a shorter restriction period or specific exceptions for certain roles or circumstances.

1. Flexible working application: You're right that the focus should be on whether the business can accommodate your request, rather than scrutinizing your personal circumstances. You may want to ask Employee Relations to refocus on the operational implications and potential solutions.

1. Suitable alternative employment: If your role is displaced, and you're offered another role that meets the criteria you mentioned (same level, location, and hours), you might be expected to consider it. However, the suitability of the alternative role would depend on various factors, including your skills, experience, and job duties.

Given the specifics of your situation, it's recommended that you consult with an employment lawyer or a trade union representative (if applicable) to get personalized advice and guidance. They can help you navigate the complexities and ensure you're aware of your rights and options.

In the meantime, you may want to ask your employer to provide more clarity on their policies and procedures regarding redundancy calculations, restrictive covenants, and flexible working requests.

Just some initial thoughts:
One. You are not being made redundant from acting up role so compensation would be based on the T&C for the role you are being made redundant from.
Two. It is quite common for company's to have a reengagement policy which prevents it for 12 months. Often to prevent a HRMC investigation around the payment of tax free money. I tend to relax it using discretion if they are returning after a break of at least a few months into a different job.
Three. Quite normal for somebody to try to understand why you want flexible working so they can best assess your application and help them to decide if they can accommodate you.
Four. Yes. https://www.gov.uk/redundancy-your-rights/suitable-alternative-employment

ACAS can be helpful but maybe first look through their redundancy guideline, it will help you know what to expect. Employers are required to follow this: https://www.acas.org.uk/redundancy

Take care of yourself as redundancy isn't pleasant but you will get through it.

1. Acting up. Two things. If the acting up role is redundant and your substantive role is redundant the payment should be on the acting up basis.

1. 12 months before rehire - totally normal under voluntary severance/enhanced package.

1. Flex working request - whether it can be operationally supported but of yiur role is redundant, its moot.

1. Suitable alternative employment - yes, totally reasonable but comes with a trial.period for both sides. Think it's six weeks but would have to check.

Thanks for your input all, that's helpful