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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you worked there for?
is there a difference between what you would get if it was either voluntary or compulsory redundancy?
Are you willing to apply for VR?
The way the company have gone about this is legal. Here is how a typical redundancy procedure could look like when there is VR involved as well:
Jobs are identified for redundancy and those in them are placed at risk of redundancy. The employer could then offer the opportunity of VR to provide an incentive for people to come forward and be made redundant. This is usually done before any consultation period begins. Those who apply or VR are not guaranteed that their application will be accepted but if they put their name forward for VR then it should not affect how they are treated further along, e.g. they should not automatically be selected for compulsory redundancy as a result.
The employer will eventually close the VR applications process. It is up to them how long this is available for. Those who have not applied or who are unsuccessful will just go back and be treated the same as they were at the start of the process – basically at risk of redundancy and enter the consultation process where they are offered any suitable alternative employment that may be available. They have the right to apply for such positions and if successful they will take them up and avoid redundancy. F unsuccessful, assuming there is nothing else available they will likely have to go through compulsory redundancy.
As you can see this is a very similar position to yours, so yes it is legal.
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Not sure you will. First of all it is not constructive dismissal you are after unless you resign. You will be looking at unfair dismissal instead because by being unsuccessful you will be made redundant and dismissed. Also it is not unfair to dismiss you because you were unsuccessful in an application for a job you are qualified to do. You have the right to apply for it but that doe snot guarantee you will get it if the employer has objective reasons for considering someone else more suitable for it. Only if they cannot shoe any justifiable factors for not selecting you would there be a potential claim. Hope this clarifies?
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