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Another question about redundancy but not linked to maternity leave!

4 replies

LibrasJusticeLeagueofBiscuits · 27/02/2009 09:16

I have been with my company less than 2 years and they are about to make redundancies. I don't quality for statutory redundancy pay due to time here but they are discussing offering an enhanced voluntary package - would I be eligible for this?

thanks

OP posts:
flowerybeanbag · 27/02/2009 11:11

That would be up to them. When they decide on the details of voluntary redundancy they should outline how the package is comprise and who is eligible to ask for it. They don't have to give voluntary redundancy to people who request it anyway.

LibrasJusticeLeagueofBiscuits · 27/02/2009 11:29

Thanks flowery.
As I don't qualify for statutory I doubt they will want to give me extra money by making me eligible to recieve voluntary.

As a matter of interest if you request voluntary redundancy and they say no can they then make you redundant anyway?

OP posts:
flowerybeanbag · 27/02/2009 11:45

You are probably right one of the criteria for extra payment may well be service-related or specifically state that the individual concerned must qualify for statutory redundancy pay.

If they offer you voluntary redundancy, you volunteer and they refuse it would be because they want to keep you. If they were happy to make you redundant but just didn't want to pay the extra, you wouldn't be included in the offer iyswim?

So I think really the only circumstances under which that could happen is if things change and suddenly more people need to be made redundant and/or the company can no long afford the extra.

Voluntary redundancy packages normally come with all sorts of provisos about rights to refuse it and it not being a long-term offer, that kind of thing.

tigerdriver · 28/02/2009 00:22

Agree with flowery. If they refuse to accept your application VR then they are unlikely to make you compulsorily redundant unless there is a change of circumstances. Sadly at the moment, things are changing from one week to another, IME.

Always worth asking about VR if you are interested. Lots of companies are keen not to make compulsory red, and will agree to make some sort of enhanced VR payment for that reason. Depends on them, though.

If you have more than one year's service, or are chosen for red for a discriminatory reason then you might have a separate claim for unfair dismissal damages.

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