Put at risk of redunancy but they won't let me leave

A question about : Put at risk of redunancy but they won't let me leave

Hi there

I've been put at risk of redundancy. The org has said I should apply for other roles in the redesigned org but I haven't been identified for a specific post. I don't want any of it I just want my severance and go. They said redundancy is not an option (can they do that?) all the new roles are not suitable to my skills set or career aspirations. Can they say I have unreasonably declined a new role, even though I haven't been offered any and I'd have to go through a stressful application and interview process for jobs I do not want.

This is the second time this has happened to me in this company and last time it was exactly the same, weeks before Christmas, but then I was so distraught I went through it all and totally regretted it.

I really want to leave before Christmas and not engage in the new job application process, so I can start the new year anew.

Can anyone help?

CPx

Best answers:

• They want you to apply so you have to take the job if offered and by pass the redundancy process and trial periods.
  resist this, the key words are suitable alternative if they are not suitable keep telling them that there are no suitable alternative jobs to apply for.
  come up with the reasons a google will come up with the sort of things that you can use to argue a case.
  Career aspirations are not that strong. things like status pay lack of skills much stronger.
  If they say they are then argue why not and if they are suitable then they should just be offering it on a trial period with the training to fill any skill gaps.
  How long have they given for consultation?
  Then they have to decide how long before they stop the current position and put you on notice.
  Sooner or later they either have to redeploy you or put you on notice or decide your current job has not gone.
• Thanks so much that's useful.
  So 10 of us with my same job title were put at risk last Wednesday, in total 13 across the organisation of circa 300. I had a 1 to 1 meeting after the announcement with my dept. director and HR, but apparent the consultation hasn't started. They say the first meeting is this week but no invites yet.
  What do you me by 'put you on notice' is this notice of redundancy?
  The closest new role to my displaced role is pretty much half of it, so a sort of demotion with same terms. However my concern is how this reduced responsibility would look on my CV and future prospects.
  Thanks again
• Yes, notice of redundancy is the point that triggers the real process up till then your job still exists.
  They can still find a suitable alternative during the notice period.
  Are they making redundancies or are there enough jobs for every one just people don't want them and they are happy to have the wastage as people leave.
  Have they given you details of the package yet, if not ask for it and try to negotiate for better terms question the calculation make sure the holidays are done correctly .
  If there is a job that is a decent match(even 1/2) and the terms especially pay and hours are close/same any claim that it is not suitable could be a difficult one.
• Yes HR has sent me my 'potential' severance and I've asked them to consider bonus and annual leave give this was already negotiated with our union.
  In terms of posts and people across the org there's enough for everyone just not suitable in my opinion. My dept. director is just labouring the that redundancy is not on the table. Even thought contract sets out the process and says that following consultation and where a role is unsuitable the consultation will continue and this may include review of redundancy terms which is where I want to head to.
  Thanks again
• Can anyone help? I have been advised that at my first consultation meeting I may be asked/ordered/forced to apply for a vacant post in the organisation. Are they allowed to do that?
  Thank you all.
  CP
• If the posts are suitable alternatives then they can decide that interview is part of the selection process or just give you the job.
  If you decide it is not suitable alternative then it will be down to negotiation or a ET to ultimately decide.
  Do you have full job description and T&C's for the jobs that are available.
  you will need these before you can consider if they are suitable alternatives.
  Consultation should be meaningful part of that would be reviewing the various positions available to asses there suitability. you should not need to apply for any job they should consider you for any suitable job and have a selection process.
  Another angle during consultation is to discuss the business reasons for your current job going so you can put counter proposals why they should reconsider.
• Thank you
  So they can make up the redundancy selection process up as they go? They've displaced me, didn't match or identify me to any role can they really now prove my suitability by making me jump through hoops? and given the above can they really now just give me a job to make me stay?
  All available JDs have not come out yet? they're being reviewed today and we've told they will be sent later today. The JD I do have is the one closes to my old role and its not what I want as I said its half my current job and would be a blight on my CV let alone the others in the organisation which would pretty much be putting a square peg in a round hole.
  Thanks again
  CP
• If your employer offers you an alternative job, you will need to think carefully.
  The danger is that if you turn down a suitable alternative post, you may no longer be legally redundant. This would put you in the same position as if you had just resigned, and would mean that you would no longer be entitled to redundancy rights such as redundancy pay.
  Specifically, you would lose your redundancy rights if:
  your employer (or an associated employer, or an employer taking over the business) offers you a new job before your current contract expires and it starts within four weeks, and the job is suitable for you.
  Although you can turn down a job that is clearly unsuitable, you probably won't lose your right to redundancy pay if you just briefly try out an alternative role to see if it suits you.
  Again there are rules about this:
  You can agree to try the replacement job out for a four week trial period. (This period can be extended if you are being retrained, but this must be done in writing).
  If at the end of the trial period you are still in the job, you will lose any rights to a redundancy payment. In law you have accepted the new job.
  If you reject the new job before the end of the trial period because it turns out to be unsuitable, or for good personal reasons, your redundancy will be considered to have started the day your old job ended.
  However if you say the new job is not suitable but your employer says it is, your employer may try to refuse you your right to a redundancy payment, leaving you to challenge this in an employment tribunal.
  So you should take advice before you walk away from an alternative job offer (unless it is clearly inappropriate). You may be in a stronger position if you at least try it out and give clear reasons for rejecting it if you find it unsuitable.