Redundancy laws

[jossa]

Can any one tell me the differance between voluntary redundancy and redundancy my employer is making me redundant but, says that I can take a potision with the firm elsewhere or take voluntary redundancy i work partly from home and the only potitions that are available are full time or a fair distance to travel and donot fit in with my children as my current potition does 

[mystress]

The two basic differences in the Redundancy Terms are:~

Redundancy.You are made redundant by your employer without your agreement.

Voluntary Redundancy.You agree to the redundancy as the terms offered are generous,or you do not have long to go before retirement.

From what you have said(re children etc) your only option really is to take voluntary redundancy,this usually means you will get better redundancy terms, financially,but not always.

Another point,I think if you accept a position elsewhere,but with the same employer,you may not be entitled to redundancy;but that is a rather contentious issue.If in doubt consult your local Citizens Advice Bureau.

[mystress]

PS Voluntary Redundancy is where a firm is looking to cut it's work force,but would rather let those who want to leave do so,under Voluntary Redundancy Terms.

It strikes me that your employer has not been very clear on this matter?

[jossa]

The firm has offered me one weeks wages for the eight years they have employed me and eight weeks notice in lieu, I don't know if this is standard but, if it isnt does that mean they should be offering me more to take voluntary redundancy or not the amount is approx 2000.00 

[mystress]

Hi jossa,

What I meant to say is,when a firm seeks persons willing to take voluntary redundancy they usually "sweeten" the package to encourage "offers" from members of staff.When it come to straight redundancy they are only obliged to give the bare government minimum.To find out just what IS the minimum,and how much less it is(if it is) than your (possible) voluntary redundancy I should check with your local CAB.

Just because you may be taking voluntary redundancy does not mean the firm HAS to give you more than the basic payment,it's just that they usually do to encourage people to leave.

PS I have just found this site(with other links) which might help.

http://www.tradeangles.fsbusiness.co.uk/articles/redundancy.htm

Dont hesitate to post further,if you need more help.OK?

[jossa]

Hi Mystress,

Thanks for your help. I have looked up what the minimum is that I'm entitled to and was wondering if the notice in lieu was the sweetner they are trying to offer me, the thing is the group manager who wants me gone fell out with my husband back in January and caused my husband to feel he had no alternative but to resign he would'nt take the firm to court as he is still very loyal to them even though he was told he had a strong case. Because of this I think he wants me gone as he see's me as a terrorist and I have no trust in him, they have handled this all very badly (as is usual with this particular manager) and I feel he is trying to get me to go for the bare minimum I've been with the firm for 8 years but altogether for 15 I know I can only claim for 8 as I had broken service. The thing thats quite laughable is I had to tell my manager and the hr person there was a difference between voluntary and redundancy the hr person said she did'nt think there was a differenc so, they had write me a new letter, due to there cack handedness I'm very dubious as to wether I'm getting a fair deal, I know they have to offer alternative potisions in writing but their idea of that was to print some present vacancies off the company intranet and give them to me!!! 

[mystress]

Hi jossa,

I hope my information has been of some help.I think(as you seem to as well) that the money in lieu is the sweetener.Considering that your husband had to resign I think it's lucky they are not (it seems) giving you the basic redundancy package?(Which they might have done out of sheer spite!)

Did you also see (on the link I left) that if you accept another position within the company,and don't like it,after being in the new position for 4 weeks or more you loose the right to the rendundacy offer for the old position.In other words if you accept a new position and after 4 weeks you don't like it,you either leave(with no redundancy) or you stick at it,no choice there I think!

How long ago did your Husband resign from the company? After you leave because of redundancy could he not apply to an employment "unfair dismissal" tribunal,I know he resigned,but under law if they made his work position impossible he may be able to claim "constructive dismissal".I can understand his loyalty to the firm, but given that you may not there much longer this may be a little displaced?

If you would like me to "Google" for your husband let me know,OR any further advice I can offer/search for you, just drop a post!