Advice on redundancy

E

Ezdezat

Registered User
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Hi I’m looking for some advice please;

My company is going through re-structuring at the moment. HR have advised me that my position as office supervisor is now surplus to requirements, as they are downsizing the office from 6 staff to 2. At the end of a ‘consulatation period’, if I do nothing, I will be made redundant and given an exit date etc.

I've also had a conversation with senior management however, and they are keen to keep me in the organisation. I suspect though that this will entail either 1) moving to a different role, or 2) move to a sub-contractor in the same role (under tupe law), keeping the same terms and conditions but with no compensation. For personal reasons I want neither, I have some good leads on getting jobs elsewhere, and wish to sit tight and be made redundant, accepting the redundancy payment.

Can the company come back and tell me that after review, they wish to do 1 or 2 above? Can I be forced into it? Or can I refuse at this point and be made redundant? I have already been given a letter detailing what the redundancy payment will be and so etc., but nothing has been signed as of yet.

Any help would be greatly appreciated..!
 
Im sorry i dont have an answer for you.I was made redundant a month ago and i have received notting as of yet,no P45,RP50 or lump sum payment.I am sick and tired ringing my ex employer about the matter and he told me he wants me to sign the RP50 form and only give me half my lump sum.Totally stressed and dont know what to do.Could someone please give me some ideas what to do.Thanks
 
Hi Twofoot,

Whatever they're doing sounds totally illegal. As far as i'm aware you should receive RP50 & lump sum payment before or on your exit from the company. So unless they are still paying you, they can't do this.

I would get straight down to my nearest Citizens advice bureau and ask them how to proceed next.
 
twofoot - you can be paid from the social insurance fund - I think it's a form RP77 or something - you canf ind info on [broken link removed]

Ezdezat - they can't force you to be a sub contractor at all! And if you are losing your office because of that your perm position is still redundant...

As for alternative employment - it really does depend on what they offer - I think the T&C's need to be the same, status needs to be the same too...
 
Hi,

My underststanding is that there may be no redundancy if the Co is able to relocate you into a position where there is no significant dimunition in terms of your salary, travel distance or the new role which should still utilise and reflect your skills and experience as a supervisor. Any such move should be communicated to you at an early phase allowing your queries and concerns to be raised and answered.

If the Company decides to outsource a section of its business and your role is affected you may be caught within the TUPE regulations (see Dept of Enterprise) and again provided that the reguslations are followed, your role may not be redundant. Failure by you to accept the position in the new company would be viewed as you resigning from the job.

Its an area which is never black and white - I'm outlining possible alternatives although you may still end up receiving your preference and being made redundant.
 
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