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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a local government employee currently on secondment within

Resolved Question:

I am a local government employee currently on secondment within the organisation. There is a voluntary early release scheme currently in operation and I have put my name forward. I have been told that the criteria for selection is being applied to applicants fron their current location. is it not the case that to qualify for a tax free redundancy payment you should be made redundant from your permanent post.
Applying this criteria in effect means that the person currently seconded in to my permanent post could be offered redundancy without any reference to me and I would no longer have a permanent job. Is this within the law?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is the employer basically saying that you cannot go through this scheme because you are on secondment?
Customer: replied 1 year ago.
No they are saying that they have considered my application from my seconded post and cannot release me. I argue that they should have considered me from my permanent position . The implication of their response is that the person currently seconded to my permanent position could be made redundant if they met the criteria.
Expert:  Ben Jones replied 1 year ago.
So the policy specifically states that the person's current location will be considered when it comes to this scheme?
Customer: replied 1 year ago.
Yes according to an email I received from Personnel on Friday , although I know that this information has not been made available to staff.
Expert:  Ben Jones replied 1 year ago.
When it comes to voluntary redundancy schemes the employer can apply whatever criteria it wants to determine who they grant a request to and who they do not consider. Obviously they cannot apply discriminatory criteria such as choosing people based on their gender, age, race, religion, etc but if it is a question of choosing someone based on what position they are in at the time, then that is entirely possible and legal. Basically, if voluntary severance is offered to staff and someone applies, that is all they can do – the employer then decides who they grant a request to and they can apply a wide ranging choice of criteria when making their decision. So if it is their policy that they will only consider people based on their current position, that is something they can do and it is not illegal in any way. It may well be that you are missing out on being approved for this scheme because you are out on secondment and unfortunately that is the employer’s prerogative. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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