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Hello all, I’m after some advice on the following situation:-
I work for a large multinational company. I, along with virtually all other members of my team, am members of a large and well known union. The company gave notice several months ago that our site would be closed and that all staff would be made redundant, with all of our work to be migrated to another site. First we were told that there would be no relocation packages full stop, and then an optional relocation package was offered to selected people including me which I declined along with everyone else who was offered it in my team. A union ballot took place and members voted to take industrial action which resulted in a directive from the union for all of its members to indefinitely "work to rule" which is defined as no overtime, nothing outside of standard duties, and specifically no taking part in any work which assists the migration of work and would lead to compulsory redundancies (the dispute between the company and the union was also over pay negotiations which were never resolved by the company).
I have now applied for voluntary redundancy, which has been approved by my team manager, and also by the work program which our team sits within as my work can be covered by other people within the team (other people who would otherwise be facing compulsory redundancy). So all good, I thought, as I have another job lined up.
I have now been told by a senior manager that my VR request will be declined if I continue to support the union work to rule by refusing to train others to do my work at the other site.
I have responded saying that training others to do my work at the other site is irrelevant as others within my team can already cover the work (backed up by my manager), and the union advised me to state that detriment due to taking part in industrial action is unlawful which I did, and I also stated that I feel that if they do not approve my request they would be punishing somebody else with a compulsory redundancy due to my involvement in industrial action (several folks are earmarked for compulsory redundancy in the same timeframe that I would leave under voluntary redundancy).
It's a very odd situation - my "punishment" for taking part in industrial action is to be forced to keep my job for longer! The problem I have is that I have received an offer to take up a post with another employer so I genuinely want to get out, but with my redundancy settlement rather than giving notice as I’ve been with the company for quite a few years.
Any advice on whether I’ve responded correctly please ? what my legal position is - are they able to discipline or sack me for my actions in line with the industrial action? (there is no end in sight as negotiations between the company and union are not going well), Does the company have to let me go on VR to avoid making somebody else redundant on CR who doesn’t want to be? I have the full support of the union and my immediate managers, but I would welcome an impartial view on the situation from any employment law experts.
Thanks very much in advance
I work for a large multinational company. I, along with virtually all other members of my team, am members of a large and well known union. The company gave notice several months ago that our site would be closed and that all staff would be made redundant, with all of our work to be migrated to another site. First we were told that there would be no relocation packages full stop, and then an optional relocation package was offered to selected people including me which I declined along with everyone else who was offered it in my team. A union ballot took place and members voted to take industrial action which resulted in a directive from the union for all of its members to indefinitely "work to rule" which is defined as no overtime, nothing outside of standard duties, and specifically no taking part in any work which assists the migration of work and would lead to compulsory redundancies (the dispute between the company and the union was also over pay negotiations which were never resolved by the company).
I have now applied for voluntary redundancy, which has been approved by my team manager, and also by the work program which our team sits within as my work can be covered by other people within the team (other people who would otherwise be facing compulsory redundancy). So all good, I thought, as I have another job lined up.
I have now been told by a senior manager that my VR request will be declined if I continue to support the union work to rule by refusing to train others to do my work at the other site.
I have responded saying that training others to do my work at the other site is irrelevant as others within my team can already cover the work (backed up by my manager), and the union advised me to state that detriment due to taking part in industrial action is unlawful which I did, and I also stated that I feel that if they do not approve my request they would be punishing somebody else with a compulsory redundancy due to my involvement in industrial action (several folks are earmarked for compulsory redundancy in the same timeframe that I would leave under voluntary redundancy).
It's a very odd situation - my "punishment" for taking part in industrial action is to be forced to keep my job for longer! The problem I have is that I have received an offer to take up a post with another employer so I genuinely want to get out, but with my redundancy settlement rather than giving notice as I’ve been with the company for quite a few years.
Any advice on whether I’ve responded correctly please ? what my legal position is - are they able to discipline or sack me for my actions in line with the industrial action? (there is no end in sight as negotiations between the company and union are not going well), Does the company have to let me go on VR to avoid making somebody else redundant on CR who doesn’t want to be? I have the full support of the union and my immediate managers, but I would welcome an impartial view on the situation from any employment law experts.
Thanks very much in advance
