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Hello, what is the difference in your company between compulsory and voluntary redundancy? Are you entitled to different things depending on which type of redundancy it is?
I don't know. On paper there is only mention of redundancy. But verbally I am being told it's voluntary redundancy.
Ok well voluntary redundancy (VR) is when you are given the chance to take redundancy and you accept it, in other words you are putting yourself forward for the redundancy and save the employer the trouble of going through a selection procedure.
Compulsory redundancy (CR) is when you have not agreed to be made redundant but your employer has selected you for redundancy following a selection exercise.
The clause does not give the employer the unconditional right to move you about. Even if a specific mobility clause exists it would be given a narrow interpretation and there are times it could still fail. The leading case is United Bank v Akhtar which held there are some implied terms in such situations which the employer should satisfy before they can rely on such clauses:
Saying that a VR and a CR are more or less the same from a legal point of view. Both are a redundancy, both would result in a redundancy payment, both are a dismissal in law.
In terms of notice, whether this is a VR or CR, you do not have the automatic right to be paid in lieu of notice and that is usually at the employer's discretion. The notice period would be the same - as per your contract.
would the consultation period that took place be counted towards the notice period or is that completely separate?
Consultation periods and notice periods are separate. The consultation precedes the notice period so once the consultation has been completed and it becomes evident you need to be made redundant, then the employer formally serves you with notice of redundancy and it is from the date you are served with notice that the notice period starts to run
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