Redundancy Period

casperjack

Registered User
Messages
39
Can I ask if my position is made redundant and I was offered another role which was not suitable for me does that mean I am taking voluntary redundancy by not taking the other position, as my old job is fully gone.

Also do you have to get the minimum notice of redundancy, for example I am with company 14 years so should I not have been given 6 weeks notice. I was only verbally told 2.5 weeks ago and it was followed up in an email but with no specific details except I’d be entitled to statutory redundancy only.

Just wondering do I have any case to look for the unpaid notice period to be paid to me?

Would appreciate any help or advice?

Also what should I be looking for as company not forth coming with any information and not being very helpful to me and two other work colleagues who are in the same position.
 

Peanuts20

Registered User
Messages
756
Firstly, people don't get made redundant, roles do. So the fact that your previous role is gone could mean that a redundancy situation does exist.

Your employer is trying to redeploy you which is to their credit. You're refusing to take up that role so they could argue that you've actually resigned and are not being made redundant, especially if they were prepared to put an effort into training and upskilling you so you would be suitable in the long term for the role.

As you have between 10 and 15 years service they are obliged to give you 6 weeks notice. As you have not been given anything in writing, they have not given you notice and that notice period only starts when they give it to you in writing. if you exit the company before that period is up (which is very common), they are required to pay you Pay in lieu of Notice (PILON Payment) which is taxable as if it were your normal wage. In effect, if you exit 4 weeks early, they pay you your wages for those weeks

They have no obligation to pay you any more then your statutory redundancy, although if they have a redundancy policy that says different or a precedent for ex gratia payment has been made in the past, I'd be asking why are you and your colleagues only getting statutory
 

casperjack

Registered User
Messages
39
Firstly, people don't get made redundant, roles do. So the fact that your previous role is gone could mean that a redundancy situation does exist.

Your employer is trying to redeploy you which is to their credit. You're refusing to take up that role so they could argue that you've actually resigned and are not being made redundant, especially if they were prepared to put an effort into training and upskilling you so you would be suitable in the long term for the role.

As you have between 10 and 15 years service they are obliged to give you 6 weeks notice. As you have not been given anything in writing, they have not given you notice and that notice period only starts when they give it to you in writing. if you exit the company before that period is up (which is very common), they are required to pay you Pay in lieu of Notice (PILON Payment) which is taxable as if it were your normal wage. In effect, if you exit 4 weeks early, they pay you your wages for those weeks

They have no obligation to pay you any more then your statutory redundancy, although if they have a redundancy policy that says different or a precedent for ex gratia payment has been made in the past, I'd be asking why are you and your colleagues only getting statutory
Thanks for the reply I really appreciate it

The company have never paid ex gratia to anyone before so not even looking for extra payment

In relation to new role they said from it offset that our role was gone and they totally understand if we decided not to take up the other positions as it’s a completely different job. They never gave us any offer if the other role in writing and we had to push to even find out basic conditions like pay etc

When I asked why we never got anything official in writing about redundancy they said they didn’t have to give us notice as they were offering us another job. Also the contract we’ve been on is up in 31st Aug and new programme kicks off 1st September so they are saying we knew it was up but we never got anything official and when we asked about was there roles for us in new programme they kept telling us no point discussing it until they won the bid.

So my main question is do we have a right to have got the 6 weeks notice and another colleague the 8 weeks notice as they are here even longer than me. We were told in an informal meeting all this information in second week of August.
 

Peanuts20

Registered User
Messages
756
Thanks for the reply I really appreciate it

The company have never paid ex gratia to anyone before so not even looking for extra payment

In relation to new role they said from it offset that our role was gone and they totally understand if we decided not to take up the other positions as it’s a completely different job. They never gave us any offer if the other role in writing and we had to push to even find out basic conditions like pay etc

When I asked why we never got anything official in writing about redundancy they said they didn’t have to give us notice as they were offering us another job. Also the contract we’ve been on is up in 31st Aug and new programme kicks off 1st September so they are saying we knew it was up but we never got anything official and when we asked about was there roles for us in new programme they kept telling us no point discussing it until they won the bid.

So my main question is do we have a right to have got the 6 weeks notice and another colleague the 8 weeks notice as they are here even longer than me. We were told in an informal meeting all this information in second week of August.

Whatever commercial deals they are doing outside is not relevant to your legal rights. If they are making you redundant then they have to put it in writing and you have the right to 6 weeks notice is my understanding.
 
Top