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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47608
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have just officially been put on at risk of redundancy,

Customer Question


I have just officially been put on 'at risk of redundancy', there is 3 of us for 2 jobs, I am currently part time and these are full time positions, and I do not want to up my hours, am I better to just sit through the process, with the likelyhood that I will get made redundant, or, tell them I am willing to leave, will I still be entitled to the redundancy if I offer to go?

Many thanks.

Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

JACUSTOMER-d86hn068- :

17 years

Ben Jones :

OK, thank you, please leave this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

JACUSTOMER-d86hn068- :

will this have a link, I an signing off this PC no and will log on at home?

Ben Jones :

Many thanks for your patience. If you are officially employed as being part time and the only available jobs are full time or with increased hours, then you cannot be forced to accept any of them and can argue that they are not suitable alternative employment, opting for redundancy instead. Had there been a suitable alternative, for example a role on similar hours and with similar terms and conditions, then if you would have been expected to accept that, otherwise you would have lost your entitlement to redundancy. However, in the absence of such alternatives, you could eventually be made redundant. In these circumstances you can just let the employer proceed with the redundancy procedure.

There is no harm in offering to be made redundant instead, basically offering yourself up for voluntary redundancy. If there are 2 jobs and 3 employees for them, assuming that the other employees are able to take these jobs then it could make the process simpler for the employer if someone had volunteered for redundancy and they could just proceed with making you redundant and slotting in the other two persons in the vacant jobs. You would still be entitled to redundancy pay and notice pay, just as if you were forced into redundancy. So you could approach the issue with the employer and state that if the option of voluntary redundancy exists you would like to put yourself forward for that, but if that is not an option, then just allow the redundancy process to continue as normal and the likelihood is that if no suitable alternative exists for you, you are the one to be made redundant anyway.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Expert:  Ben Jones replied 3 years ago.
Hello, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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