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PostPosted: Wed May 09, 2012 11:17 am 
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Joined: Thu Dec 18, 2008 10:12 am
Posts: 3758
Location: Berkshire
I wonder if anyone knows what the current law is regarding redundancy.
Someone we know is working for a company that is restructuring and also relocating to a different area of the country. Her job is one of the ones that has been made redundant, so she is entitled to redundancy payment. The thing is more people have volunteered for redundancy than the company originally wanted despite the fairly generous relocating package, so they are advertising for people to fill the remaining roles as obviously they can't force people to relocate. Can the company hire externally or is it duty bound to give the jobs to those who currently work for them and would consider moving with them?


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PostPosted: Wed May 09, 2012 12:36 pm 
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Joined: Tue Jul 21, 2009 9:56 pm
Posts: 8228
I might be wrong, but as your friend's post no longer exists, if some other jobs have become available (because they accepted more volunteers than they needed to) your friend has to compete for a different post against external candidates as well as internal candidates if that is how the company chooses to do it. I don't really know how it works ........ maybe need an employment lawyer ........ presumably your friend is getting at least statutory minimum for her compulsory redundancy, but if she succeeds in being offered one of the other posts if she applies for it does this then mean that she won't get her redundancy payment? Maybe if she times it all so she has a short break from them being her employer she can have the redundancy payment and a new job if she is successful? Is she qualified for the other posts that have become vacant?


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PostPosted: Wed May 09, 2012 1:10 pm 
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Joined: Thu Dec 18, 2008 10:12 am
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Location: Berkshire
Thanks mystery, she's really my son's friend and is partway through a sponsored degree with the company. If they had remained where they were she would have been qualified(once she'd finished the degree) as now they're asking for degrees for the advertised positions, hence her concern.
I don't think you can take redundancy and then return to the same company in a short time frame (if memory serves me correct you have to have at least 2 years away, although that might only apply to voluntary redundancy, rather than enforced).
I guess she'll just have to wait and see whether she's up against external candidates, but the problem is the redundancy is enhanced if you volunteer before a certain date, but not if you wait till the last minute having not got a job,apparently.
She's a bit confused as to what to do now.


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PostPosted: Wed May 09, 2012 1:28 pm 
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Joined: Tue May 05, 2009 9:26 pm
Posts: 447
I don't have any answers for you but can I suggest that your son's friend makes an appointment at her local Citizens Advice Bureau who should be able to give her some sensible free advice ( as a student I'm assuming that she won't be able to afford an employment lawyer). Twinkle


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PostPosted: Wed May 09, 2012 1:39 pm 
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Joined: Thu Dec 18, 2008 10:12 am
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Location: Berkshire
:lol: Thanks, Twinkle, she has been earning, but only a small salary so far, but with none of the tuition fees. However that's only any good if the company stays the course. At the time it seemed such a great idea, now we're not so sure.

I'll tell her to have a chat with the CAB, that is a good idea, as we don't really have the knowledge to advise.


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PostPosted: Wed May 09, 2012 6:44 pm 
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Joined: Wed Apr 04, 2012 12:45 pm
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Hi

For any HR advice it is best to contact ACAS who have an advice line for employees, it will only cost you the price of a phone call. Redundancy and restructuring are complicated in terms of employment law, especially where relocation is involved. ACAS should be able to answer your questions.


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PostPosted: Wed May 09, 2012 8:03 pm 
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Joined: Mon Aug 31, 2009 3:04 pm
Posts: 376
My DH was recently made redundant and by law a solicitor had to read and approve the redundancy agreement the company gave him and this solicitor was paid for by the company not by my DH. Try ringing a law firm and ask them over the phone how this works.


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PostPosted: Wed May 09, 2012 8:05 pm 
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Joined: Tue Oct 04, 2011 8:44 am
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Location: Reading
I had the same experience - employer paid for me to consult an employment law specialist


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PostPosted: Wed May 09, 2012 9:14 pm 
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Joined: Tue May 05, 2009 9:26 pm
Posts: 447
I would only expect an employer to fund the review and approval of the settlement agreement. It sounds as if LFH's son's friend needs advice that goes further than this and I expect that her employer would not fund this.


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PostPosted: Wed May 09, 2012 9:26 pm 
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Joined: Tue Aug 09, 2011 7:29 pm
Posts: 131
Hi,

I am not an employment lawyer but have the pleasure :? of working in HR. The advice from others around seeking support from CAB and ACAS is sound and I would suggest that your son's friend gets hold of the company policy on redundancy and if they have one on relocation. It could be that the company will take a member of staff who knows the ropes above an external unknown entity but will not pay relocation.


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