Redundancy Questions/situation

[yummymum30]

The Director where I work has been told to take voluntary redundancy as we cannot afford him due to lack of funding from April. The Chairman has asked me to take over his "role" and be promoted to Manager - as the "Director" job is redundant. So I am taking over all of his work, as well as still doing my own, but being offered more money but still £12K less than they paid him. Is this legal? Also, whats the difference between them advising him to take voluntary redundancy, if he would have said no they still would have made him redundant anyway?

[commoner]

If I was made redundant and the job was then given to another person I would be seeking some sort of legal advice....merely changing the name of the position from Director to Manager but doing the same work would probably not be enough to warrant redundancy...A rose by any other name is still a rose....

Might be legally right but IMHO morally it stinks....

Just an opinion really I have not been a shop steward for 20 years and things might have changed.

[Hopkirk]

I would be pointing out to the Chairman that it is physically impossible to do his work as well as my own.

[tonyav]

Being told to take voluntary redundancy isn't really very voluntary is it.

[yummymum30]

Well that is why I am confused. I will be able to do his work as well as my own, as tbh he didn't really do much, and that is the reason why they are getting rid of him I believe ! He is happy enough to be leaving as he is nearing retirement anyway.

[rockyracoon]

He'd probably get more going voluntarily than going on a compulsory package.

[buildersmate]

Your organisation doesn't understand the term 'voluntary redundancy'. This can apply when there is a need to reduce headcount and there are a number of a pool of surplus staff, and the employer asks for volunteers. The gist of it is the employee saying 'if you made me redundant I would accept it'. Since there is only one job of Director, he/she can't volunteer for it since there is no pool - either it is decided the job is gone or it hasn't.

Your situation is different. If you wish to accept this, then fine, that's up to you. You asked if it is legal - it is. But you should feel under no obligation to accept the change in role or job title. Just say its wonderful to be made such an offer but it is not for you.

[yummymum30]

Buildersmate - If I don't accept the new job title/payrise - our Company will fold unfortunately and all staff will be redundant. We only have 5 staff and I am the only other full time employee (apart from the Director). Nobody else will take my role, and I have 15 years experience here. Difficult situation.

[buildersmate]

Then there ought to be some room for negotiation for you with the Chairman. Perhaps find a way to suggest that to him? Depends what you want I guess, but everyone has to take a share of pain in downsizing - including those that are left. A useful thing to do is work out a list of what parts of the current job you would not do, to give you time to do the keys elements of his current job.

Is this Director a real director appointed by shareholders, or is this a director in name only. It sounds like a not-for-profit organisation or a registered charity.

[yummymum30]

We are a registered Charity. Accountable to a panel of 8 Trustees one being the Chairman.

[Hopkirk]

If he didn't really do much, they should have pushed him out a long time ago.

[yummymum30]

But "they" didn't see what he did or didn't do as they were not based anywhere near our offices !?