Dear Natalie,
"What would be the legal position in a redundancy situation when volunteers have been asked for but the numbers required not reached?Although it states that decisions are made at the company's discretion, would someone with 20 years' service who has volunteered saying that they were likely to leave soon anyway due to personal circumstances, be made to stay because they are a good worker and would cost more to make redundant than others who would be made compulsorily redundant instead?"
Lisa
Harry Sherrard, principal of Sherrards employment law firm
Although it’s not a legal requirement, all organisations will offer voluntary redundancy schemes on the basis that the employer can exercise discretion as to whether or not to accept volunteers. It is not unusual for a volunteer who is keen to go to be turned down by his employer on the basis that he remains valuable to the organisation. There is nothing at all that the employee can do in this situation, as the employer does have complete discretion.
If the required number of volunteers is not reached then the employer can move on to a compulsory process. This is the case even where volunteers have been turned down. In other words the employer can move onto the compulsory redundancy stage even if there remain some willing volunteers who the employer doesn’t want to lose from the organisation.
Comments (3)
Posted by Lisa | August 6, 2007 5:32 PM
Hi Natalie
Thanks for this I understand the reasons why an organisation may require a good employee to remain. However what would be the position if the employee has made it clear in their request for voluntary redundancy that they may be forced to leave anyway at some point as the changes made to their job over the last couple of years and specifically tp their hours of working is having a detrimental effect on their health.
They can back this up with medical evidence of two illnesses directly linked to stress that have been getting progressively worse. Would it be looked upon unfavourably in your opinion if this person was still refused even if the number of volunteers only amounted to 50% of the required figure?
Many thanks for your help.
Lisa
Posted on August 6, 2007 17:32
Posted by Harry Sherrard | August 21, 2007 4:18 PM
Hi Lisa,
As I stated in my previous comment, employers have complete discretion so it would not be looked upon favourably or unfavourably.
There is nothing the employee can do to force the employee's hand in this situation. If however the employee wants to take a different approach and argue constructive dismissal, coupled with detriment to health, then that course of action is open to them.
Posted on August 21, 2007 16:18
Posted by Alan Pizzey | November 15, 2008 5:11 PM
Hi, ~Regarding being turned down for VR, i'm an industrial fitter with TATA steel who has always worked shifts(23yrs). the plant i work in is reorganising it's craft and reducing the shift manning by 5.i have applied for VR but been turned down due to organinsational requirments, but the industrial fitters on Days have been allowed Vr even though their numbers are not being reduced.
To obtain my shift status we went through several selecton proceses including attending & passing college courses. Also we signed contracts as "Shift specialists" seperating us from the other craft who refused to sign any contracts under the last reorganisation.
It would appear to me that a day craft is being rewarded with my VR, i would be very interested in your views....Alan.
Posted on November 15, 2008 17:11