enforced/voluntary redundancy

8 messages
23/02/2009 at 12:37

My colleague's husband works in a factory where redundancies are required...

Two blokes,  same length of service and terms of employment. Ten redundancies needed

Bill applies for voluntary redundancy and is turned down.
Ben doesn't want to go but is made redundant anyway.

Bill is just average Joe turns up every day does the job.
Ben is dead wood, takes the piss,  always on the sick etc,

Could Ben claim to have been unfairly dismissed, on the basis that Bill was happy to leave his job so Ben could have been saved?

23/02/2009 at 12:42

Quite possibly.

Depends, but if a voluntary scheme was open to both of them, and Bill asked and was turned down but Ben was given the P45, then there would seem to be a case.

However, there may have been other factors in the decision which are not apparent, so I wouldn't like to say definitively.

What does the union have to say?  They're usually very involved in redundancy situations.

23/02/2009 at 12:42
23/02/2009 at 13:12

You do go on Dave.

 Why not though?

sweetfeet...    pirate
23/02/2009 at 13:15

I would guess Bill scored higher than Ben in the selection process. There was no voluntary option offered?

23/02/2009 at 13:20

Sickness is usually scored as part of the selection process, So that could explain the scores....

And the scoring process is agreed with the unions before hand

Anyway isn;t redundancy the opportunity to get rid of dead wood, And if the guy who wanted to leave eventually leaves, It wont cost any  redundancy  money for the company

Edited: 23/02/2009 at 13:20
23/02/2009 at 13:22

In deciding selection for redundancy various factors have to be taken into account.

These will/can include attendance, sickness level, performance and flexibility.

A company is also obliged to ensure it retains a sufficiently balanced workforce after the redundancies take place to enable it to continue trading, and to avoid having further waves of redundancies in the following months.

23/02/2009 at 13:29
It depends upon what the criteria were for selection. Performance is a valid criterion. It doesn't really matter what the criteria were (as long as legal!) as long as they were applied and due process followed correctly.

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