Risk of redundancy

Risk of Redundancy
1st point

On tuesday morning I recieved a letter from my employer offering me guidance and support whilst I was at risk of redundancy. The fact is, I was unaware I was at risk so I phone HR and they refused to speak to me, a conference call was arranged later in the day when I was then informed I was at Risk and they appologised that the letter had went out a week early. I fould the letter wholely inapropiate and a shocking was of finding out my job was at risk.

2nd point

I had my 1st consultation meeting yesterday and the facts are they are 2 people at risk and 1 job available, at this consultation meeting I was shown details of the new job on offer and my redundancy package which was available! When I asked what would happen if we both do not apply for the new job and apply for our redundancy, I was told then the offer would no longer be available and they would get round this by changing my current role to the new role (including my car allowance etc)

3rd point.

Whoever takes the job will be offered 4 weeks grace in the new role and have the facility to change their mind.

Questions:

1: Do I have any sort of claim against the company for they way I found out I was at risk (this also caused my aniety and stress which I have informed HR about)

2: Can they change my job without me agreeing, I would rather take my redundancy and go (so would my colleague)

3: If my colleague takes the job and I am redundant, can he decide within his grace period to change his mind and still get his redundancy.

I look forward to someones help as I am a bit confused. Any more info required, please ask.

Thanks

Hi Sheraqui

There is no specific claim in relation to the way you found out about your potential redundancy - if you were subsequently to bring a claim of unfair dismissal, however, this sort of procedural clumsiness would count against the employer.

I think what your employer is indicating is that the new job is, in their view, a "suitable alternative". In this case, if you were to refuse it they could deny you a redundancy payment. Only an employment tribunal could decide on whether or not it was actually a "suitable alternative", taking into account how much of a change to your existing T&Cs there was and other factors, such as similarity to your old role, etc.

The 4 week period you mention is a trial period - during this period either party can decide it is not working out and terminate the contract and the employee gets the same redundancy package they would have done had they been made redundant in the first place. However, if the employer believes they have resigned unreasonably - ie the job really is a suitable alternative, they can still refuse the redundancy payment. Again it would be up to a tribunal to decide.

I hope this hasn't come too late and is of some help (I've been busy making redundancies recently!)

Pete