My company put out for voluntary redundancy. They gave everyone 1 week to decide if they wanted to take it. This was mid august and the final day of work word be 30/09. I put in for it. Today I found out that I have been accepted for it but the last working day is 31/01/17.

So if I get a job between now and then I would be not eligible for any payout?

I have been applying to things and have a few interviews etc as I was working to the initial September date.

I’m a bit unhappy with this as it messes up my plans!!

Has anyone had this happen to them before? Do I have any options?

Still have 4 months of halfheartedly working here which is going to be hard.

I’d have thought that if you resigned, you’re no longer being made redundant.

Speak with HR?

So if I get a job between now and then I would be not eligible for any payout?

Only if you leave early….

I know a few people who tool voluntary redundancy and then walked straight into another job after collecting a generous payout…

Sounds like a calculated effort to get people to walk without the payout. Probably still worth applying and attending interviews, with the decision process, notice periods plus Xmas/NY hols, the end of Jan isnt that far out for someone advertising a position now.

Yeah my plans aren’t changing. It is only 4 months so it could be easy enough to work that into a new start date.

Just a bit angry. They were seemingly rushing to get people out the door and now this. I cannot help feel its a sneaky.

Yes in principal, or at least that was what HR told me when my role was made redundant but had to work my notice.

Once your role has been redundant and you’re just working your notice, they can’t then unilaterally reverse the process. There are mechanisms where you can stay in the job, but they involve either both parties agreeing to it and reversing the roles redundancy and offering it to you, or taking your chances, waiting for the payout, then giving you a new job the week after.

You can’t just walk out mid notice period, however you can leave by mutual agreement and still collect the redundancy payout (your role has already been made redundant remember, you’re just working your notice). So the only way to leave early is to talk to HR/management. Although you’re in a strong position because they have to start their argument from a position where they’ve already made you redundant, it isn’t that they think you’ll be redundant in January so anything other than the notice in your contract would be a bit odd (I’m not a HR person, but that would be my understanding having gone through the process, I was told that I may be extended month by month at the end of my notice by mutual agreement, but as the contract had effectively been ended at that point there was no ‘notice’ as to when I’d be told this, i the end it didn’t happen and I was told about 3 days before the end that I would be leaving on time).

The important distinction is that your role has been made redundant, and you leaving are different things, being paid redundancy is just the mechanism by which they end your contract.

TLDR:
Your role was redundant when they gave you the letter.
This puts them on the back foot in any argument in a tribunal if you leave early and they try to claim you caused them a financial loss.
You should be paid redundancy money regardless.

I’d stick around, it’s been 5 months since I was in the position you are now and I still haven’t found anything.

and inverse to above – ive watched people get jobs on their notice period (gardening leave) and lose all their redundancy AND lose the fight about it afterwards.

so be very clear and get everything in writing if you go down that route.

you can leave by mutual agreement and still collect the redundancy payout

This is what I did when I was strong-armed into taking ‘voluntary’ redudancy. Would appear to depend on the management and the HR department…………..

My initial frustration was the fact they changed the dates of things after I had applied for the redundancy. I applied for it thinking that 30/09 was the end, and I think that’s what’s written on any paper work etc. They have come back as said you are going but its now 31/01/17.

To be honest its probably a bit better like this as it doesn’t hugely effect y plans at the minute. I would be unimpressed if I get something and have to leave before the 31/01 as in my opinion they have moved the goalposts on this.

I wouldn’t even talk about other jobs at work until the VR payout was in my account, especially not if they’re trying to be sneaky.

and inverse to above – ive watched people get jobs on their notice period (gardening leave) and lose all their redundancy AND lose the fight about it afterwards.

Why on earth did they tell their current employer??

I wouldn’t even talk about other jobs at work until the VR payout was in my account, especially not if they’re trying to be sneaky.

Maybe ask someone independent like CAS or ACAS, but it was made explicitly clear to me by HR that redundancy applies as soon as they’ve gone through the process and told you that your role is redundant and you’re the one leaving.

The notice period was a separate issue, if you took voluntary it was effectively 5 working days notice once they accepted it to do the paperwork, which surprised a few people who had planned on 3 months more wages!

There is loads of this going on in my work.

The main point to grasp is that redundancy pay outs are not something you are generally entitled to – they are compensation payable on the day you leave. Most notice letters will state that the employer can reverse the decision at any point up until the final day and keep you on.

Many people want redundancy for the cash and get pissed off when they are messed about however it is all in the employers favour (if they get there letters right).

If you get another job and give them a start date then you are running the risk of having the date amended and messing about your new prospective employer (see point 1 above).

If it comes off you are quids in – well done!

If the employer consulted with staff on the basis of a redundancy termination date at the end of Sept then the employees that elected to leave effectively contracted around that date.

Depending on notice period, with VR the notice period is often waived, so the proposed redundancy termination date still stands.

I’m not sure the employer can consult on one date and ask for people to elect for VR, then accept their individual nominations but with a new date. The employer would either have to abide by the original date proposed, or consult on a new date, or allow employees who previously elected VR to withdraw on the basis of the date change.

Either way, the problem is now sitting in the Employer’s lap rather than the employee’s lap.

Also worth noting that an Employer can only reverse the decision by withdrawing the notice of redundancy – which requires the written agreement of the employee.