Company offering statutory redundancies

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johnny

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Hi All

The company I have worked for over 15 years has recently being purchased by another company, Last week they mentioned the possibly of staff taking
up statutory redundancy if the so wished ( or at least have it discussed ) ...We have been given a couple of weeks to discuss it with HR ..

I dont want to leave as financially, package wouldnt be eneough through statutory ....My question is , If I dont avail of it now and say they decide that
they want rid of me anyway down the line ...What would happen then ?...What am I entitled to ??....Many Thanks
 
Your only legal entitlements are appropriate notice, statutory redundancy and protection from unfair dismissal or unfair selection for redundancy.

So if the company has a need to make some jobs redundant, it has no obligation to pay any more than statutory.
 
Many thanks Brendan ...What you mentioned above ."Unfair selection for redundancy" is that in any way a opinion of employee against employer
so to speak ??...
 
Many thanks Clubman much appreciated ....This might sound stupid but ....If I refused statutory a second time what would happen from the
employers viewpoint ??? what could they do then ??
 
Generally a company proceeds as follows.

They need to reduce the staff by 10 so they invite applications for voluntary redundancy. If they get 10 applications, they may be happy with that.

If they get no applications, then they introduce compulsory redundancy.

You could have a chat with them and volunteer if they top up the statutory redundancy.

They must have a fair basis for selection.

If you think you have been unfairly selected, you can take a complaint for unfair dismissal.

It's probably a good time to start looking for another job. And if you get one that suits you, apply for redundancy.

Brendan
 
johnny said:
The company I have worked for over 15 years has recently being purchased by another company, Last week they mentioned the possibly of staff taking
up statutory redundancy if the so wished ( or at least have it discussed ) ...We have been given a couple of weeks to discuss it with H R
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I would agree with what Brendan has outlined
There is a lot of Information about your company we do not have, that you should know or make it your business to know,
Did your company want out or did the receive an offer the could not refuse,
Any Company I was involved in that got taken over or took over another company Employees service was discounted off the price paid,

I have seen it discounted just at statutory up to 5 times statutory it is also possible it got missed but not likely,
That is the first question I would ask Hr you may not get an answer but it will sure wake them up quite possible the got more than statutory for each employee per year of service,
if they recently received credit for each year of service for all employees and only letting a few employees go this should give employees leverage on severance terms,
Not unusual for a Company to start out offering just statutory and finish up a lot higher,
 
galway said:
That is the first question I would ask Hr you may not get an answer but it will sure wake them up quite possible the got more than statutory for each employee per year of service,
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I think that this is completely irrelevant. It is very unlikely that HR would know how the price was arrived at and even if they did know, they would not disclose such a sensitive piece of information.
 
Johnny thanks for that ....Very interesting ....So have i the right to ask about this ?? "Any Company I was involved in that got taken over or took over another company Employees service was discounted off the price paid,"......How would it help me ??
 
johnny said:
So have i the right to ask about this ?? "Any Company I was involved in that got taken over or took over another company Employees service was discounted off the price paid,"......How would it help me ??
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You can ask if you like . I reckon you have zero chance of getting a reply .
 
Guys one more question and apologies If i missed the obvious ...If i were to leave down the line off my own back after not accepting statutory offer iniitallly do they stiill have to pay me statutory ???.....Or simply if i want to go " without the offer " I get nothing ...If i accept "one offered " I get statutory ???......Thanks again
 
If you choose to leave, you are not being made redundant.

I presume that an offer of redundancy would be time limited or would be withdrawn at a particular date.
 
What does your employment contract say about redundancy? If you have been with the company a long time, you could be be on a 'better' contract that other employees, who joined more recently.
 
For you, I reckon the writing is on the wall. “X” amount of redundancies is required immediately. It’s only a matter of time before more redundancies are required. Time for you to upskill if necessary and bail out is my opinion.
 
As Leper said, the writing is on the wall. Your position might not be made redundant but it might. I would start preparing for the possibility. Update your CV, profile online... Make a list of potential contacts you might have. Start the ball rolling. It can take a few weeks for getting things into place. Look at your options. The first option might not be the best option... If at the end of the day you are not made redundant, you still might get some opportunity to move if you wish to. I would not waste too much energy at looking at the company politics. Take care of yourself, being made redundant can be difficult.
 
johnny said:
Johnny thanks for that ....Very interesting ....So have i the right to ask about this ?? "Any Company I was involved in that got taken over or took over another company Employees service was discounted off the price paid,"......How would it help me ??
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I think you are over thinking things.

The company that has bought the company you work in has taken over staff entitlements and history of time worked - called Transfer of Undertakings. Effectively it makes little difference to you and your entitlements. There is a cost associated with this and that cost would naturally be part of the sale negotiations.

If you currently work for Abc Ltd and have done so for 15 years and have 25 days holiday and they are bought be Xyz Ltd. Then the day it changes to Xyc Ltd, you are then regarded as been working for Xyc Ltd for the last 15 years and you still get your 25 days holiday even if their other employees get 20 days holiday.

As they are offering statutory redundancy, my guess is some roles are duplicated between the two companies - eg both might have credit controllers. but only one credit controller is needed. But it also suggests that they don't see redundancies as urgent


I'd be of the opposite view to others. Assuming your previous company was doing ok and was sold for a financial consideration, then the new company is obviously expanding and therefore your position (unless its a position that is duplicated) is probably stronger.


Only you can know that as you know your position and whether the new company has someone in a similar position and the amount of work in that position is finite and therefore one of the positions becomes redundant.
 
peemac said:
I'd be of the opposite view to others. Assuming your previous company was doing ok and was sold for a financial consideration, then the new company is obviously expanding and therefore your position (unless its a position that is duplicated) is probably stronger.
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Yes I agree,
I have a retired friend he was always giving out that his original contract of employment required him to be a union Member his company got taken over and he availed of redundancy the first offer was statutory after Negotiations it finished up going to the labour relations or what ever it is called today
he finished up getting 4 weeks for each year of service,
I have seen or know of takeovers with no unions which resulted in Redundancy ,most start off offering Statutory redundancy they nearly always move on to some form of Enhanced package once word is out PILON and any other tax advantage is often included for employees who take up the offer who can leave straight away for another job,
johnny said:
Guys one more question and apologies If i missed the obvious ...If i were to leave down the line off my own back after not accepting statutory offer iniitallly do they stiill have to pay me statutory ???.....Or simply if i want to go " without the offer " I get nothing ...If i accept "one offered " I get statutory ???......Thanks again
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the law is as Brendan says
You have not given us the reason you think the Company are making Employees Redundant,
The reason as stated by peemac, Down turn in Business, want different talent in sections of their Business or some other reason,
 
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