Employment law and redundancy UK.

Discussion in 'General Chat' started by Scooby2000, Mar 19, 2012.

  1. Scooby2000

    Scooby2000
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    My partners being made redundent, her position will no longer exist and shes been offered no other position. A different job has become available in the same company, if she applies and gets it is she still entitled to redundency pay? Im thinking she is as the perdition has not been offered to here so the company is still effectively making her redundent.

    Can anybody who KNOWS please advise me.
    Thanks.
     
  2. nheather

    nheather
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    No.

    If she applies before she has left than she hasn't been made redundant.

    For situations where you apply after being made redundant, there is usually a caveat to say that either you can't, or that redundancy will have to be paid back in full or part. Such caveats usually remain in place for 12 months.

    Cheers,

    Nigel
     
    Last edited: Mar 19, 2012
  3. Miss Mandy

    Miss Mandy
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    If she gets a new role within the same company she is no longer being made redundant and is not entitled to any money. If she gets made redundant she'll get the money, but there is usually a stipulation on this about when people can apply back to the same company. Usually its 3 months or they have to pay back the redundancy money.
     
  4. imightbewrong

    imightbewrong
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    They can't make her redundant if there if there is a suitable position available - has she been offered it - or an interview?

    She certainly won't get any money if she takes another job at the same firm - the firm would become liable for the tax due IIRC, so they certainly won't allow it :)
     
  5. Scooby2000

    Scooby2000
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    Cheer guys just found out she was put forward for it by her boss and is only up against one other from the same company so no she wont be entitled as its effectively an offer of alternative employment in a way...less pay though:thumbsdow but then at least its a job:)

    Good point about the caveats, thanks guys.:smashin:
     
  6. paulyoung666

    paulyoung666
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    good way of looking at it , i would rather have the job any day ....
     
  7. Scooby2000

    Scooby2000
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    Well if she dont get it were fooked as I still cant gt a job:( Even looking at dropping my wage by 10k wont get me a job. Cant be choosy at the moment, its crazy out there so wish I got more qualifications when I was young.
     
  8. nheather

    nheather
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    Obvious she may want to stay, or be better off staying in the current climate.

    But just so that you are armed with all the facts.

    If they offer her a similar job, similar status on the same pay and conditions then it would be very difficult for her not to accept it. If she did say she didn't want it and wanted to leave they would probably say that she was resigning rather than being made redundant.

    However, if the job is significantly different in role, status, or pay and conditions then she could still take redundnacy instead. If the employer opposed this then she would sue for constructive dismissal - becuase effectively they are using the situation to cut her terms and conditions - they cannot do that unless she agrees.

    Cheers,

    Nigel
     
  9. paulyoung666

    paulyoung666
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    dont beat yourself up about lack of qualifications , i am seeing jobs in my trade paying wages i was getting 15 years ago , its rough for many many people ....
     
  10. Scooby2000

    Scooby2000
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    Cheers shes seeing her boss for a meeting tomorrow, they're a very good employer, she has bipolar and they have been fantastic with supporting her, her boss is a fantastic guy, real shame if she cant stay with them.
    I was just thinking the extra money would be quite handy.:devil:

    paulyoung666 cheers appreciate it:smashin: very easy to get down on yourself when you cant get a job:( being a mod on heres helping keep me sane at the mo, that and the fantastic membership we have.:)
    Thinking of doing something myself if I can at least get a part time job.
     

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