Job lossess and constructive dismissal
Discussion
Asking on behalf of a friend (yes, honestly!).
Their company was bought out last year by a competitor, and the area of the company that they are employed in, IT and infrastructure (or somesuch) is now to be outsourced. The comany that bought them out had already been through this process themselves, so they're just aligning the company they've aquired with a pre-existing poisition.
No one has yet mentioned the word redundancy.
What my friend has recently found out, despite their being no formal statement on this, is that if there are other jobs on offer and you either don't apply, or apply but don't take the role, you are classed as having resigned and are due no redundancy pay. Doesn't affect my friend much, but some of their colleagues have been there over 30yrs.
However, the roles on offer at the moment appear to be business related (managerial as I understand it) and not in any way technical. Surely they have to be comparable roles otherwise it's constructive dismissal is it not?
Up to this point everyone had been assuming they would get their redundancy pay and would have to find a job elsewhere, so this is clearly going to be a fairly big deal for some.
My advice has been to get some proper advice asap, but would appreciate a view from those on here who have some experience of this.
Their company was bought out last year by a competitor, and the area of the company that they are employed in, IT and infrastructure (or somesuch) is now to be outsourced. The comany that bought them out had already been through this process themselves, so they're just aligning the company they've aquired with a pre-existing poisition.
No one has yet mentioned the word redundancy.
What my friend has recently found out, despite their being no formal statement on this, is that if there are other jobs on offer and you either don't apply, or apply but don't take the role, you are classed as having resigned and are due no redundancy pay. Doesn't affect my friend much, but some of their colleagues have been there over 30yrs.
However, the roles on offer at the moment appear to be business related (managerial as I understand it) and not in any way technical. Surely they have to be comparable roles otherwise it's constructive dismissal is it not?
Up to this point everyone had been assuming they would get their redundancy pay and would have to find a job elsewhere, so this is clearly going to be a fairly big deal for some.
My advice has been to get some proper advice asap, but would appreciate a view from those on here who have some experience of this.
In relation to redundancy an employee will lose their right to a statutory redundancy payment if they unreasonably refuse a suitable alternative role.
The employer cannot point at a bunch of jobs that differ significantly from the current job, and say take it or leave it.
The employer would need to show that the alternative roles reasonably match the skills/experience of the employee and also the current status/pay/duties
It doesn't have to be an exact match, but the range of reasons for an employee to reject is relatively wide, at least wider than it used to be following an NHS nurse's case a few years ago (IIRC - I dont have the specifics, but I'm sure google or BV72 can confirm).
As you mentioned, early professional advice is recommended
The employer cannot point at a bunch of jobs that differ significantly from the current job, and say take it or leave it.
The employer would need to show that the alternative roles reasonably match the skills/experience of the employee and also the current status/pay/duties
It doesn't have to be an exact match, but the range of reasons for an employee to reject is relatively wide, at least wider than it used to be following an NHS nurse's case a few years ago (IIRC - I dont have the specifics, but I'm sure google or BV72 can confirm).
As you mentioned, early professional advice is recommended
This is exactly as I understood it as well, thanks.
It also begs another question - would you have to apply for all the roles which could be considered comparable to ensure that you secure any redundancy?
I also gather that some of the roles being advertised already exist as filled roles within the other company, and so a number of their existing staff will have to re-apply along with any new applicants from the taken over company. That doesn't seem unreasonable though, as they'll want to ensure they secure the best staff.
With a limited number of new roles available, there will have to be redundancies, but it has to be done by the book, and everything to date has the whiff of someone pulling sly moves.
It also begs another question - would you have to apply for all the roles which could be considered comparable to ensure that you secure any redundancy?
I also gather that some of the roles being advertised already exist as filled roles within the other company, and so a number of their existing staff will have to re-apply along with any new applicants from the taken over company. That doesn't seem unreasonable though, as they'll want to ensure they secure the best staff.
With a limited number of new roles available, there will have to be redundancies, but it has to be done by the book, and everything to date has the whiff of someone pulling sly moves.
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