Resolved Question

Redundancy Pay question?

My wife's employer is restructuring their organisation, such that all existing posts are being abolished, and being replaced with new posts, but there will be fewer new posts than old ones.
All staff are invited to apply for suitable jobs in the new structure. Staff who do not get a job in the new structure will be made redundant.

My wife has not applied for any jobs in the new structure because she wants the redundancy. But in the formal letter confirming her redundancy, it says she is required to attend a meeting to determine if any jobs in the new structure are suitable for her. If she is then offered a job, we are not sure if she is still entitled to redundancy if she turns it down.

Anyone know if there are any redundancy laws which cover situations like this? Can they legally treat her not applying for a new job as a resignation, not redundancy? Is there a way we can be sure she actually gets the payment?

Best Answer - Chosen by Asker

If the business considers the new jobs as suitable legal alternatives to her current role, then she will not be able to turn down an offer and get redundancy pay.

If there are fewer new posts than the old ones, the staff will have to go through a selection process which will involve an interview, this is a legal requirement. The only thing she can do is perform badly at any selection interview so that she reduces her chances of being chosen for new jobs.

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Other Answers (3)

• The whole focus of redundancy laws is to avoid redundancy wherever possible. The employer must look for alternatives to redundancy, and if your wife wants employment, she should accept the alternative position; she can't cherry-pick, or opt for a redundancy package instead of a job.
  
  Ergo, they can legally treat her like that, and if she refuses the new job it would be considered a resignation. There is no way of making sure she actually gets the payment unless there is no alternative employment she can be offered.

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• Your wife needs to be very careful, her firm don't seem to be asking for volunteers for redundancy so if she doesn't go for the interview and co-operate they will assume she no longer wishes to work for them and then they will not have to pay redundancy. She should speak to her union and have a look at the link below

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• if she is offered a job in the new structure and turns it down she cannot claim redundancy pay as it will be classed as resigning of her own free will