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Anthony Chendo
Anthony Chendo,
Category: Employment Law
Satisfied Customers: 2885
Experience:  Solicitor at BLM
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Whilst in the process of a collective redundancy we are

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Whilst in the process of a collective redundancy we are waiting for the dates to be set for the individual meetings. The company are already releasing new roles as a result of the big restructure that has happened (under the guise of Covid-19 response but was planned anyway). I do not know if my role has been pre-determined to not exist and therefore I don;t know if failing to apply for one of the alternative jobs will leave me jobless at the end. Should they be closing applications before all individual meetings have closed? Surely this means they haven't given my re-deployment opportunities?

Hello

They should leave the applications open at least until you know whether your job is likely to be no longer available.This is because there is no point applying for the job if you end up keeping your job. Therefore i suggest you raise this issue at the individual meetings as this is what this meeting is for.

Do you understand what i have stated, if not please let me know?

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Thanks and stay safe.

Hello

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Customer: replied 1 year ago.
39;Should' leave all applications open doesn't sound like a legal position to me.
My basic understanding is that IF my role has been deemed redundant that they should look to redeploy me into a different role if feasible. The fact that I have not applied for any existing roles, can they use this against me?
I will rate at 5 stars once all questions (3) that I have submitted are answered.
Many Thanks
Rob

They can use the fact you didn't apply for another role if you have unreasonably rejected or not considered the role. However if you have good reason why the role is both unreasonable and/or unsuitable then your redundancy package will not be affected.

The position should be left open however if it becomes closed because the job is given to someone else that is in the same situation as you the again your redundancy pay will likely be given to you.

Another point to consider is you can apply for the position and if you get the job, you can trial it for a month. If the job is not for you then the law permits you to still get your redundancy pay.

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