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Original poster

Can I propose redundancy after resignation?

28 replies

OrangeSunset · 03/08/2021 09:56

I suspect I have made an error, but here goes..

I have resigned, albeit so far only by emailing my boss. He has accepted this in writing but I haven’t not written formally to HR or had any contact from HR.

Can I change tack and propose my post is made redundant instead? The business is struggling for sales and I know that there have been discussions about cost cutting (I also know my role was one of those ‘in the mix’ for being cut). It’s unlikely my role will be replaced, although my boss has said that if I ‘decide to stay’ they would remove my assistant, meaning a 60% cut in resource.

Can I use the information I have to negotiate for redundancy instead of resigning?

Possibly not now as I have played my hand already. In hindsight I’d have gone straight in with redundancy but I resigned on a particularly shitty Monday when I was fed up with the whole culture and attitude of the place.

OP posts:

FredaFox · 03/08/2021 11:19

You've already resigned in writing to your manager, why would you then resign to hr? I've only ever resigned to my manager

I think you've left it too late and after being involved with redundancy at my own work it's not as simple as choosing redundancy, it has to be carefully thought out and executed

maxelly · 03/08/2021 11:21

I mean you can ask, but I suspect they'll say no - why (from their point of view) would they pay you redundancy when you've already offered to leave for free, leading to the same outcome for them but much cheaper and less risky? The only circumstances I might do this (as an HR person) is if I seriously thought you were going to sue us for constructive dismissal and therefore paying you redundancy might save us some money or hassle, but there would have to have been quite a serious history of disputes/difficulties to get to that point, not just you being fed up, sorry.

I think if you are serious about this what you need to do is rescind your resignation immediately to your boss, essentially beg him to let you stay. Then after a reasonable period (probably at least a month or two), if the business difficulties continue, then propose redundancy to them - the thing is if you've got lots of service and hence a valuable redundancy package they'll probably say no and look to make savings elsewhere esp if they know you're hoping to leave anyway, whereas if it's a cheap redundancy package is it really worth your effort (unless you are hoping to be able to claim JSA or claim off your income protection insurance or similar?)...

Crockof · 03/08/2021 11:21

Why would they want to pay redundancy when you have resigned and its been accepted. I'd imagine the business was delighted. Sorry, crap for you but if it's that bad you're best out anyway.

SprayedWithDettol · 03/08/2021 11:22

Redundancy is a process that has to be transparent and involves timelines/pools of staff/consultations/impacts recruitment etc not a choice in lieu of resignation.

PotteringAlong · 03/08/2021 11:23

No. No you can’t. It would cost them money to make you redundant and you’ve already agreed to leave for nothing!

flowery · 03/08/2021 11:43

You’re not in a position to “negotiate”, no. You’re already leaving so there is no incentive for them to give you redundancy pay.

Coffee86 · 03/08/2021 11:47

You'd look like a complete tit if you asked! Don't do it.

Coffee86 · 03/08/2021 11:48

The only thing you could ask is if you can retract your resignation and then hope in the future they make you redundant

Bluntness100 · 03/08/2021 11:50

I’d think about this logically op. Why on earth when you’ve already said you’re leaving in writing snd it’s been accepted would they then say oh you want some redundancy money, sure here you go? Really logically. Why would they be that daft.

It doesn’t matter who you resign to, unless you’ve some weird clause in your contract that says it doesn’t count unless you directly tell hr.

FeatheredHope · 03/08/2021 11:50

Well you can try but I suspect they will laugh in your face. Why on earth would they want to go through the hassle and cost of redundancy when you’ve already resigned?!

Redcrayons · 03/08/2021 11:52

You have nothing to negotiate with. You’ve resigned, you’re going for free, why would they pay you redundancy money, especially when they are struggling?

Bluntness100 · 03/08/2021 11:52

It’s unlikely my role will be replaced, although my boss has said that if I ‘decide to stay’ they would remove my assistant, meaning a 60% cut in resource

Also this makes no sense, unless your assistant is higher paid than you? Normally the senior person is the higher cost, but you’re saying your assistant takes up sixty percent of the pot between you and her?

ThePoint678 · 03/08/2021 12:00

No. I’d laugh at you.

Regularsizedrudy · 03/08/2021 12:05

Absolutely not. You could ask to withdraw your resignation (but they dont have to accept this) and then wait to get made redundant if you think that will happen but it doesn’t sound like they have any plans for that.

Saidtoomuch · 03/08/2021 12:09

No, and it would be cf to ask. The only way you would get away with anything I believe would be if you could claim constructive dismissal?

LadyCatStark · 03/08/2021 12:09

Of course not, why would they pay you to leave when you’ve already told them you’re leaving?

TheAwfuITruth · 03/08/2021 12:17

I do know someone who tried this, in a bit of a 'oh damn I should've asked about redundancy first' moment.
At the time we had a very kind line manager who wanted to help, and we worked for a very generously, touchy-feely type employer.

The company said no.

Aprilx · 03/08/2021 15:34

@ThePoint678

No. I’d laugh at you.

This is what I was thinking.

Hoppinggreen · 03/08/2021 15:55

Yes, you should totally do this

ChicChaos · 03/08/2021 16:09

OP, if you were not happy there then you've made the right decision, and it's onwards and upwards. Don't worry now about whether you should have handled it differently or asked for redundancy, have you already discussed the possibility of staying on with your manager (you mention about 'if you stayed' the possibility of the assistant being redundant instead)? If you did discuss it, what feeling did you get.

Original poster

OrangeSunset · 03/08/2021 17:16

Blimey you lot are savage. I’m not sure I’d go as far as laughing in someone’s face.

I probably could go constructive dismissal. But I imagine that requires the stomach for a fight, and who has that after Covid.

Onwards and upwards

OP posts:

ChicChaos · 03/08/2021 17:49

I think that's the right decision OP, you don't want to relive the details which is what you'd have to do if you went for constructive dismissal and it doesn't change anything for you at the end of the day. Even winning a case for constructive dismissal doesn't feel like a great victory for a lot of people. Good luck with the job search, it is awful to have a job where you dread going in each day

FeatheredHope · 03/08/2021 17:49

I’m not sure anyone’s trying to be deliberately savage, just realistic.
And yes, if you wanted to try and go for constructive dismissal, you would really need to be ready for a fight as the bar is set pretty high for that type of claim. It may be best just to put this behind you and move on.
www.gov.uk/dismissal/unfair-and-constructive-dismissal

ElizaDoolots · 03/08/2021 17:57

I work in HR. We had someone try to pull this recently. I must admit I had a good chuckle that he had the front to try it. We said no though obviously.
Unfortunately OP, by resigning you’ve given away all leverage with which to negotiate a paid exit.

Saidtoomuch · 04/08/2021 09:44

I probably could go constructive dismissal. But I imagine that requires the stomach for a fight, and who has that after Covid.
This is why companies get away with treating people badly, but if you genuinely do have a case you could do worse than speak to an employment advisor at Citizens Advice.

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