Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a few weeks
while the chiefs consider some departmental reconstruction. I have a very
gloomy
feeling they may have exhausted their current lay-off budget and will offer
me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another dept if I
don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

Thanks.

AD

"Davao - Arthur55" wrote in message
...
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a few
weeks
while the chiefs consider some departmental reconstruction. I have a very
gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another dept if
I don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

Thanks.

AD

Leavings aside all kinds of ifs and buts... If you decide to resign rather
than accept a different job, you could take your case to an Employment
Tribunal. But if your employer can demonstrate that (a) the new role
offered to you was a suitable alternative, and (b) they have followed the
prescribed procedures** in their handling of the entire restructuring /
redundancy process, then they would win and you would come away with
nothing.

** - including things like proper consultation, fair selection, etc.

HTH

--
Martin

Davao - Arthur55 wrote:
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a
few weeks while the chiefs consider some departmental reconstruction.
I have a very gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another
dept if I don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

They must make you redundant if the job you were doing has disappeared at
your place of work and you do not wish to take up any alternative offer of
employment. They cannot make you take up any different type of work.

See the Employment Rights Act 1996, Section 139.

"Davao - Arthur55" wrote in message
...
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a few
weeks
while the chiefs consider some departmental reconstruction. I have a very
gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another dept if
I don't want it.

If this was an enforced redundancy, you are right.

I don't know the exact rules, but it seems difficult to imagine that they
could do this for voluntary redundancy BICBW.

tim

"Norman Wells" wrote in message
news:GlwSn.61635$y%5.33950@hurricane...
Davao - Arthur55 wrote:
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a
few weeks while the chiefs consider some departmental reconstruction.
I have a very gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another
dept if I don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

They must make you redundant if the job you were doing has disappeared at
your place of work and you do not wish to take up any alternative offer of
employment. They cannot make you take up any different type of work.

See the Employment Rights Act 1996, Section 139.


But see also....
http://www.direct.gov.uk/en/Employme...cy/DG_10029844

and specifically.... "If your employer offers you suitable alternative
employment and you unreasonably refuse it, you may lose your right to
Statutory Redundancy Pay."


--
Martin

"Martin" wrote in message
news:YaxSn.62181$yA.48979@hurricane...

"Norman Wells" wrote in message
news:GlwSn.61635$y%5.33950@hurricane...
Davao - Arthur55 wrote:
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a
few weeks while the chiefs consider some departmental reconstruction.
I have a very gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another
dept if I don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

They must make you redundant if the job you were doing has disappeared at
your place of work and you do not wish to take up any alternative offer
of employment. They cannot make you take up any different type of work.

See the Employment Rights Act 1996, Section 139.


But see also....
http://www.direct.gov.uk/en/Employme...cy/DG_10029844

and specifically.... "If your employer offers you suitable alternative
employment and you unreasonably refuse it, you may lose your right to
Statutory Redundancy Pay."


But in my case, the company are offeing voluntary severance and I'm trying
to snatch their hands off.

AD

"D55" wrote in message
...

"Martin" wrote in message
news:YaxSn.62181$yA.48979@hurricane...

"Norman Wells" wrote in message
news:GlwSn.61635$y%5.33950@hurricane...
Davao - Arthur55 wrote:
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a
few weeks while the chiefs consider some departmental reconstruction.
I have a very gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another
dept if I don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

They must make you redundant if the job you were doing has disappeared
at your place of work and you do not wish to take up any alternative
offer of employment. They cannot make you take up any different type of
work.

See the Employment Rights Act 1996, Section 139.


But see also....
http://www.direct.gov.uk/en/Employme...cy/DG_10029844

and specifically.... "If your employer offers you suitable alternative
employment and you unreasonably refuse it, you may lose your right to
Statutory Redundancy Pay."


But in my case, the company are offeing voluntary severance and I'm trying
to snatch their hands off.

AD

I understand that... but I assume your employer has actually phrased it
(something like) "... you are invited to apply for ... but we cannot
guarantee ... e.g. if too many people apply...".

It's a requirement (and also is not unreasonable) that, if the offer is
over-subscribed, your employer needs to consider each of the applicants -
and ensure that he operates a "fair selection" policy and consults.

Do you know how many positions are expected to become redundant? This
affects the mandatory consultation / notice period, as well as the time
reasonably needed to review everyone.

The reality, of course, is that the employer has people it's keen to retain,
and others it's keen to release. Those most willing to volunteer in these
kinds of situations tend to be the former - because they reckon they'll find
alternative work quickly.

--
Martin (IANAL)

"Martin" wrote in message
news:YaxSn.62181$yA.48979@hurricane...

"Norman Wells" wrote in message
news:GlwSn.61635$y%5.33950@hurricane...
Davao - Arthur55 wrote:
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a
few weeks while the chiefs consider some departmental reconstruction.
I have a very gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another
dept if I don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

They must make you redundant if the job you were doing has disappeared at
your place of work and you do not wish to take up any alternative offer
of employment. They cannot make you take up any different type of work.

See the Employment Rights Act 1996, Section 139.


But see also....
http://www.direct.gov.uk/en/Employme...cy/DG_10029844

and specifically.... "If your employer offers you suitable alternative
employment and you unreasonably refuse it, you may lose your right to
Statutory Redundancy Pay."

I think you assuming too wide a definition of unreasonable here.

AIUI the day to day tasks being different to previously IS recognised as a
reasonable reason.

tim

Norman Wells wrote:

Davao - Arthur55 wrote:
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity
last month and myself and many others have applied and been
accepted. In my case, the decision on my application has been
deferred for a few weeks while the chiefs consider some
departmental reconstruction. I have a very gloomy
feeling they may have exhausted their current lay-off budget and
will offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another
dept 'because if our dept
wants to cut its staff costs, it can't go foisting me onto another
dept if I don't want it.

If they turn down my request for vol-severancy in order to offer
me a changed role within a
reconstructed dept, do I have any option other than to accept it?

They must make you redundant if the job you were doing has
disappeared at your place of work and you do not wish to take up
any alternative offer of employment. They cannot make you take up
any different type of work.

See the Employment Rights Act 1996, Section 139.

They can however move you around within departments if the job roll
you are doing or which you will be doing is similar and the job is
within the workplace or one near by

Its also subject to whats written within your terms of employment

"Davao - Arthur55" wrote in message
...
Hi gents/ladies.
My employee offered the staff a voluntary severence opportunity last
month and myself and many others have applied and been accepted.
In my case, the decision on my application has been deferred for a few
weeks
while the chiefs consider some departmental reconstruction. I have a very
gloomy
feeling they may have exhausted their current lay-off budget and will
offer me an
alternative role in the department or business.

I can't see how they can force me to accept a position in another dept
'because if our dept
wants to cut its staff costs, it can't go foisting me onto another dept if
I don't want it.

If they turn down my request for vol-severancy in order to offer me a
changed role within a
reconstructed dept, do I have any option other than to accept it?

Thanks.

AD


I know you say you volunteered but,

1. Do you have another job to go to.
2. Are you nearing retirement anyway.
3. Is it not better to be employed or retrained where you are...if the bunce
is the same or more.