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Compulsory v voluntary redundancy

5 replies

AalyaSecura · 27/09/2018 08:28

I’ve been put into consultation along with the rest of my team and some other teams, as the whole work area is being restructured. I’ve been asked to consider whether I want to be considered for any of the new roles in the structure, but none of them fit my skill set, and I’m broadly comfortable leaving the company if I have to.

However, The alternative to putting my hat in the ring is to express a wish for voluntary redundancy. Whereas if you apply for one of the roles and don’t get them, then you’re classed as a compulsory redundancy. The terms favour compulsory, with outplacement support etc. But I don’t regard myself as seeking voluntary redundancy, I’d stay in my existing job, but there are no suitable alternatives. Do I have to chose the voluntary option? Should I be classed as compulsory? Any advice?

OP posts:
Lucy001 · 27/09/2018 10:08

Voluntary is exactly what it says on the packet. It's not really redundancy at all, it's a mutually agreed termination, so the terms are between you and the employer. You can ask for whatever you want. They can agree or not. But if you refuse to apply for any of the other roles then the employer can refuse you any redundancy at all, because it isn't your decision as to whether there is a suitable alternative or not. If they say there is, then you apply or don't qualify for redundancy. Whether they will do that is up to them. So you'd need to discuss this with them. If they are happy to lose you, ask for the same terms.

maxelly · 27/09/2018 10:29

The terminology is often confusing for people (I often get asked why people are offered voluntary redundancy in situations like restructures or relocations they didn't ask to be in - the answer is that it's usually mutually beneficial to both the employer and employee to offer a VR scheme!) - I would ignore what each 'package' is called and simply look at the outcome you want.

When you say the terms are better for compulsory do you purely mean around the additional support offered or will they actually pay you more compensation if it's a compulsory redundancy? If the former I probably wouldn't place too much emphasis on it, companies/HR often talk a good talk around how much redeployment 'support' will be offered to employees being made redundant but unless they spend £££ it usually amounts to not much more than some vacancy lists and generic CV writing training, not much that you couldn't do for yourself online. I may be being unfair of course and they may be offering a really fantastic package but I still probably wouldn't let it sway me that much compared to the compensation bottom line...

Ultimately I think it depends on to what extent you really don't want to do one of these new roles. If you really don't want the job at all and these new roles are the only realistic option on the table, I would say go for the VR option (unless you have a really strong case that the job isn't suitable for you - for this it would need to be really drastically different to your old job, a complete change in the role in terms of salary, level of responsibility, skills required etc, not just a change of focus of the work or type of work which isn't your preference, if you see what I mean?).

Whereas if you would be OK doing the new job for a while, perhaps as a stopgap while you look for something else OR you are 100% sure they won't appoint you to the new job because your skills are so far away from what they need then why not hang on for the CR, particularly if the money is better?

Brakebackcyclebot · 27/09/2018 10:33

In a VR situation, you may be able to negotiate a settlement. When I was made redundant, I had a strong case and was able to negotiate double what they originally offered me, plus outplacement support/coaching to help me move forward.

maxelly · 27/09/2018 10:35

Sorry I meant to add you'd also want to consider the current job market conditions in your area/industry and your personal circumstances. It's an obvious point but it makes a huge difference if there are very limited opportunities and you are likely to have to live off the redundancy money or savings/benefits for months and end up having to take a less than ideal job, versus if you would walk into another job of your choice within weeks or could easily afford to have a career break for a while...

AalyaSecura · 27/09/2018 13:22

Thanks all, that’s really helpful, might come back with more thoughts but that’s cleared up my immediate dilemma.

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