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i work for a global company that is performing cost cutting

 

Customer Question

i work for a global company that is performing cost cutting in the uk and ireland. even though my role is global they sayed that because i am based in the uk it only affect people there and not in the americas or australias.
I have been offered a redundancy package (including retirement) and put at risk of compulsory. my leaving date if i find nothing internally is 16/7/12.
one of the american manager (from the american cost pool) has offered me a job. would i be entitled to take the package and then accept the offere or would i no longer be entitled to the package by law?

 

Optional Information:
Province/Country relating to question: England

Submitted: 328 days and 2 hours ago.
Category: UK Employment Law
Value: £22
Status: CLOSED
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Expert:  UK-Justice replied328 days and 1 hours ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

Is it with the same employer?

Customer replied328 days and 1 hours ago.

yes its a global company

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Expert:  UK-Justice replied328 days and 1 hours ago.

If it is the same employer then no you can not take the package and take the job - because you are not being made redundant, you are working for the same employer.

If it is a different division or company name, then yes you could do both.

As long as you are not working for the same actual employer, it would be legal.


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Customer replied328 days and 1 hours ago.

so for example i asked them why just the people in the uk and ireland and they said ... it a different region and cost pool. and when they (in America or Australia) look to make roles redundant you in the uk would not be in scope.. Each region has its own registered head office etc. so does that equate to division or what do i need to check for?

Accepted Answer

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Expert:  UK-Justice replied328 days and 1 hours ago.

If you are receiving payment from X Ltd and you then move onto Y Ltd then you can accept the package.

If you are being paid by X Ltd and then you move onwards and again it is X Ltd then you can not accept it.

Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Expert TypeBarrister
Category: UK Employment Law
Pos. Feedback: 95.6 %
Accepts: 586
Answered: 7/1/2012

Experience: Called to the Bar in 2007

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Expert:  UK-Justice replied324 days and 12 hours ago.

I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

Customer replied324 days ago.

Your answer did help me to make my decision. I asked the same question of the company on Monday morning and am still awaiting their answer..... As I have a time limit to respond to the VR offer I am not going to take the risk of losing my package if they do not respond formally by this weekend. In my case the package would never be as good as it is now as I would be required to sign a new contract on accepting the role

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Expert:  UK-Justice replied323 days and 18 hours ago.

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