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Hi since the company i work for got took over the other day i have just been offered voluntary redundancy can any one tell me the difference regarding voluntary and normal redundancy with regards to rights benefits etc thanks .
A benefit specialist may be able to advise on rights to benefits after redundancy.
In terms of employment law only accept vol red if you will receive a more advantageous package than you would under the statutory redundancy scheme / any contractual scheme.
If you accept vol red voluntarily you will not be able to sue for unfair dismissal as in theroy it is a process you intiated by asking to be made redundant.
If your not offered more than that tell them to stick their vol red where the sun don't shine!
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I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
I would recommend you read this first because if your company was takin over by another employees have rights called T.U.P.E TRANSFER OF UNDERTAKINGS basicly the company that took over the business as a duty to take the staff also if they cant because of say operational reasons then they have to offer you a compensation package.
You will find all the info on this government act in the following links.
I basicly the company that took over the business as a duty to take the staff also if they cant because of say operational reasons then they have to offer you a compensation package.th
Dismissals where the sole or principal reason is the transfer or a reason connected with the transfer and there is no ETO (Economic, techincal or organisational) reason = automatically unfair
Dismissal that is only connected with the transfer and there is an ETO reason are potentially fair subject to normal test of reasonableness in s98(4) ERA 1996
I think it is correct to say that such dismissals (if fair) will be viewed as either redundancy or SOSR. I'm not aware of any special compensation package payable.
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Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.
I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
i did not say "special" i have been though T.U.P.E myself in september 2007 and the business that took over had to take us to for which i was offered employment but was forced out due to the fact the company was in middlsex and i lived on the south coast and they where not prepared to pay the travelling cost company i previously work at was in my area and they provided a minibus so what im getting at because the travel i.e minibus was in contract the next employer had to provide it but as he was not going to they made us redundant and paid out for 12 yrs service plus holidays not taken plus an ex gratia payment which yes was over and above what he had to do.
No indeed you did not say 'special' by 'compensation package' you obvioulsy meant 'redundancy package', which is of course entirely correct; assuming the employee has over two years service (including service at the old company) at the time of dismissal of course.
There would of course be no 'duty' on the employer to pay anything beyond notice pay (subject to more generous contractual provisions) if an employee with less than 2 years service was fairly dismissed for an ETO.
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Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.
I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
Redundancy
can any one tell me the difference regarding voluntary and normal redundancy with regards to rights benefits etc thanks .
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Originally Posted by pompeyfaith
