Notice Of Redundancy - Forced to apply for positiion

[hanc]

This is more for my own information as we may be in a simliar position soon but I was pass any useful infirmation on.

 

The company I used to work for are currently looking to make staff cuts.

They have put all staff under threat of redundancy.

 

A Number of positions are being cut with the remaining ones having changes made to their title, terms etc. and staff invited to apply for these positions.

 

One individual requested and applied for voluntary redundancy or early retirement.

This was refused.

He has then decided not apply for any of the postions.

 

The company in response to this have told him that he HAS to apply for his position.

This is a specialised trade.

I believe that he has even been offered a contract and told that if he has any questions to speak to a solictor.

 

Surely this cannot be right.

If the position is not under threat he should never have been put at risk.

 

It is the general consensus that this is just an excuse to rape their wages with many beig offered their old positions with a 10% pay cut, all be it with a slightly modified job title.

 

What is the position of having to apply for your / a position in these circumstances, are their nay applicable laws rules etc ?

What is or could be the consequence of failing to apply, could this, as they have suggested, be taken as a resignation ?

 

As my current employer may be looking to make some staff cuts in the future too, I am quite interested in the reponses.

[stu007]

Hi

 

Sorry you haven't had any responses yet it does get quiet over the weekend so please be patient I an sure the caggers will be along to give you advice.

 

Could you please answer the following:

 

1. Approx how many employees are employed by the company?

2. How long have you been employed by the company?

3. What does your contract of employment state about redundancy?

4. Are you with a Union (if so have you contacted them, what have they said)?

[Emmzzi]

 

It is the general consensus that this is just an excuse to rape their wages with many beig offered their old positions with a 10% pay cut, all be it with a slightly modified job title.

 

What is the position of having to apply for your / a position in these circumstances, are their nay applicable laws rules etc ?

What is or could be the consequence of failing to apply, could this, as they have suggested, be taken as a resignation ?

 

As my current employer may be looking to make some staff cuts in the future too, I am quite interested in the reponses.

 

 

you can be placed in a role based on your skills without applying.

 

if you refuse the position you may be deemed as having resigned

 

in which case, no redundancy pay

 

also I intensely dislike the use of "rape" when you mean "a pay cut." They are in no way at all even vaguely similar.

[king12345]

My wife was in a similar situation a few years ago when they tuped them from council to a contractor.

This company immediately started a reshuffle of positions giving different job titles to essentially the same jobs, of course cutting the salaries by half.

My wife saw a solicitor from my union (their union had been corrupted in this process) and he said not to sign any new contract because she had been employed for 7 years and tupe rules don't allow this.

Most of her colleagues signed the new contract and after 2 years they received a payslip with half the money.

My wife stood strong and a MD went to see her at work trying to make her sign the new contract.

She refused.

Next day she was called at the head office and the same MD agreed to leave her under the same contract but she had to sign a confidentiality agreement and never reveal to any other employee her salary.

She is now (4 years later) on double the money compared to her colleagues doing the same job.

Based on this I would suggest that you see someone qualified to give you a legal expert opinion so you don't lose your job but at the same time you don't get screwed.

[hanc]

If the position still exists, which by being offered it without applying shows it is, surley means there was never any risk of redundancy therefore making the need to apply unnecassary.

[ericsbrother]

standard stuff for cutting jobs of a similar role so say 6 down to 4. They reassess the job function so they are slightly different to the ones people are doing at present and ask people to apply for the new jobs. This is to avoid potential discrimination claims but also allows thew company to choose who they keep based on interview. Sometimes it goes horribly wrong for them when people perform badly at inverview because they want the severance. The new positions should be properly evaluated regarding comparison to other graded or evaluated jobs and therefore there shouldnt be a cut in pay. If that isnt the case then it can be argued that all the people are redundant and the new posts can be advertised as just that.