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Redundancy / New Internal Position

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  • 18-04-2012 8:49pm
    #1
    Closed Accounts Posts: 2


    Hello,

    I am just looking for some general advice.

    I have been given notice that my current position is coming to an end. I've received the letter with the date that states when my current job will end.

    I will be entitled to redundancy.

    However, there is a new internal position being created also.

    If I choose to not apply for this would I have any problems with redundancy and social welfare considering that they hope to fill the position internally?

    If I choose to apply and am offered the position but decide I don't want it, would I still be entitled to redunancy or would I be walking away from the business and could this also effect my soial welfare claims?

    Basically without going into detail, I don't want this new internal position but am worried that by not applying for it, I may somehow effect what I'm entitled to. I've been told by someone else that I need to apply anyway as I may not get my redundancy or have social welfare problems. My biggest concern is applying for it and then getting it and having to refuse a job which woyld surely be a lot worse?

    There is also the possibilty that I may get another job (I've applied for some) in the meantime and I would like to get my redundancy money. It's not a lot but it will help me ease into a new job which will be for less money.

    What would happen in this situation? I'm offered the new internal position but also get an offer of another job elsewhere. I decide to take the other job elsewhere. Do I still get redundancy money?

    My current position is ending no matter what.

    If anyone could clear up the above concerns I'd be very gratefull!!

    Thanks,

    Tim.


Comments

  • Registered Users Posts: 25,966 ✭✭✭✭Mrs OBumble


    If I choose to not apply for this would I have any problems with redundancy and social welfare considering that they hope to fill the position internally?

    If I choose to apply and am offered the position but decide I don't want it, would I still be entitled to redunancy or would I be walking away from the business and could this also effect my soial welfare claims?


    If you don't want the new position, then ffs don't apply for it!

    If you apply, and turn it down, then I'd expect this would affect your redundancy and/or welfare entitlements.

    If you don't apply, and the company doesn't try to re-assign you into it even though you didn't apply (eg because it's clearly lower than your current position), then I don't believe that it affects you entitlements to either redundancy or welfare.

    That said, I'm neither a lawyer nor a welfare expect. You may like to have a chat with a lawyer and show him/her your contract.


  • Closed Accounts Posts: 440 ✭✭nicechick!


    Hello,

    I am just looking for some general advice.

    I have been given notice that my current position is coming to an end. I've received the letter with the date that states when my current job will end.

    I will be entitled to redundancy.

    However, there is a new internal position being created also.

    If I choose to not apply for this would I have any problems with redundancy and social welfare considering that they hope to fill the position internally?

    If I choose to apply and am offered the position but decide I don't want it, would I still be entitled to redunancy or would I be walking away from the business and could this also effect my soial welfare claims?

    Basically without going into detail, I don't want this new internal position but am worried that by not applying for it, I may somehow effect what I'm entitled to. I've been told by someone else that I need to apply anyway as I may not get my redundancy or have social welfare problems. My biggest concern is applying for it and then getting it and having to refuse a job which woyld surely be a lot worse?

    There is also the possibilty that I may get another job (I've applied for some) in the meantime and I would like to get my redundancy money. It's not a lot but it will help me ease into a new job which will be for less money.

    What would happen in this situation? I'm offered the new internal position but also get an offer of another job elsewhere. I decide to take the other job elsewhere. Do I still get redundancy money?

    My current position is ending no matter what.

    If anyone could clear up the above concerns I'd be very gratefull!!

    Thanks,

    Tim.

    No it should not be an issue with social welfare they have I assumed approached you about redundancy I again assume (assuming) that your current role for example no longer fits the need for the business moving forward therefore they can make you redundant, though they are advertising another position & you may be able to take up this role don't tell social welfare as it is unrelated to your current position - though I would be more inclined to take redundancy and if they position is still available to then go for it! You can back up any receipt of social welfare with your redundancy however at some stage I'm sure they will expect to see your actively looking for employment


    I would be less inclined to waste your & your companies time if you don't want the role!

    You need to honor the agreement with your company (they may arrange a date to finish work etc) so if you got a job in the meantime and left they to work in that time you would not be entitled to the redundancy

    I'm not sure about the last one if they offered you a position you can decide its not for sure and technically you are still employed in your last position so I can only assume the offer the redundancy is still there that I'm a little wary off!


  • Registered Users Posts: 21,257 ✭✭✭✭Eoin


    You may not be entitled to redundancy if you turn down a reasonable offer of alternative work. This new job can't be a reduction in pay or conditions though.
    I'm offered the new internal position but also get an offer of another job elsewhere. I decide to take the other job elsewhere. Do I still get redundancy money?

    Not sure actually - have a search on www.citizensinformation.ie - there might be a trial period allowed in the new role when you might still be entitled to the redundancy if it's not working out. Or it might be treated as a straight forward resignation.


  • Closed Accounts Posts: 2 timmyrashers


    Thanks for all the replies!

    Yes the new position is a lesser position (demotion) and would be for less money.

    I'll have a look at the citizens information website.


  • Registered Users Posts: 21,257 ✭✭✭✭Eoin


    Thanks for all the replies!

    Yes the new position is a lesser position (demotion) and would be for less money.

    I'll have a look at the citizens information website.

    Then that sounds like it should not affect your redundancy, but if it comes to it you should seek professional advice. . Don't apply for that job unless you are really keen to stay there.


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  • Registered Users Posts: 8,671 ✭✭✭GarIT


    Hello,

    I am just looking for some general advice.

    I have been given notice that my current position is coming to an end. I've received the letter with the date that states when my current job will end.

    I will be entitled to redundancy.

    However, there is a new internal position being created also.

    If I choose to not apply for this would I have any problems with redundancy and social welfare considering that they hope to fill the position internally?

    If I choose to apply and am offered the position but decide I don't want it, would I still be entitled to redunancy or would I be walking away from the business and could this also effect my soial welfare claims?

    Basically without going into detail, I don't want this new internal position but am worried that by not applying for it, I may somehow effect what I'm entitled to. I've been told by someone else that I need to apply anyway as I may not get my redundancy or have social welfare problems. My biggest concern is applying for it and then getting it and having to refuse a job which woyld surely be a lot worse?

    There is also the possibilty that I may get another job (I've applied for some) in the meantime and I would like to get my redundancy money. It's not a lot but it will help me ease into a new job which will be for less money.

    What would happen in this situation? I'm offered the new internal position but also get an offer of another job elsewhere. I decide to take the other job elsewhere. Do I still get redundancy money?

    My current position is ending no matter what.

    If anyone could clear up the above concerns I'd be very gratefull!!

    Thanks,

    Tim.

    This happened to my dad, they offered him redundancy after 28 years but then later decided that they wanted to move him and that redundancy was no longer available to him. Long story short in the end the labour court said that the job was not as good as his last one so he was allowed claim that after 28 years of working in his current position. The company wanted him to change from being the manager of all the back section of a shop, basically, bakery, fresh and cooked foods to being a team leader in the alcohol section and he would have to do manual work which he didn't do before. So the labour court told the company that they could keep his contract as it was or give him redundancy nothing else. The company asked if they could keep his contract, salary, managers benefits, working conditions, etc but change his job title. The labour court said no unless my dad agreed to it and in the end he did. The main point of it is that the labour court said they could not change his position as it was too different.

    Don't take the other job.


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