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Old 29 January 2008, 11:06 AM
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TURBOTRONICS
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Default Im being made redundant advice please

Im being made redundant from my job that iv been in 17 years
Now my boss has give me my redundancy package which is my redundancy money plus 12 weeks notice but the letter states that I will be working some of my 12 weeks notice but not all of it and that I will receive the rest of my 12 weeks notice at a reduced rate . Can he do that?
Iv not made my self redundant he has and the reason I won’t be working all of it is that he wants to close my place of work asap
Old 29 January 2008, 11:59 AM
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j4ckos mate
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you are now loaded
Old 29 January 2008, 12:09 PM
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I wish I was mate and it looks like by boss is trying to not pay me my full 12 weeks notice
Old 29 January 2008, 12:51 PM
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fast bloke
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Sounds like you aren't getting a fair deal. Call 0845 145 0004 (DTI redundancy entitlement advice line)
Old 29 January 2008, 12:58 PM
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speedking
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ACAS also offers good advice.

He could make you work the 12 weeks so perhaps the early release with reduced sum is a sort of inducement? Are you on any bonuses, allowances etc. as the redundancy could be calculated on basic earnings.

He also has to give you time off to seek new employment, make sure you make the most of that
Old 29 January 2008, 01:00 PM
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thanks matei will give them a ring
Old 29 January 2008, 01:01 PM
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your rights: Does my employer have to pay wages in full during my notice period? - from workSMART.org.uk

check your personal details against what is said here
Old 29 January 2008, 01:02 PM
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vindaloo
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The 12 weeks is your notice period. They have to tell you 12 weeks in advance that your services are no longer required.

Basically, you work your notice period or the part of it they require, "as business needs dictate".

So, in short, you work and are paid for some of the 12 weeks. They figure out how much is left and pay you the rest as a bung.

J.
Old 29 January 2008, 01:04 PM
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Well he’s told me/us that if we finish before he’s finished with us we wont get a penny and as for as I can work out we are entitled to 12 weeks notice which means 12 weeks pay not 12 weeks pay at what ever he wants to pay us
Old 29 January 2008, 01:08 PM
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Originally Posted by vindaloo
The 12 weeks is your notice period. They have to tell you 12 weeks in advance that your services are no longer required.

Basically, you work your notice period or the part of it they require, "as business needs dictate".

So, in short, you work and are paid for some of the 12 weeks. They figure out how much is left and pay you the rest as a bung.

J.
That’s how I thought it was going to be ie 12 weeks notice but only work 6 weeks so that would be 6 weeks pay when we leave but he wants to reduce say the last 6 weeks pay to say national minimum wage
Old 29 January 2008, 01:12 PM
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Thats a sh*tter mate, I hope you wire him up to something before you leave

Hope you get sorted with something else quick too
Old 29 January 2008, 01:18 PM
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fake an illness...
Old 29 January 2008, 01:19 PM
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good luck in the job hunting by the way, jobs aren't for life these days, and you never know what might turn up!!!

Old 29 January 2008, 01:29 PM
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Thanks all for the support and advice
Old 29 January 2008, 02:27 PM
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Im in a similar position. My work had a company meeting with all workers. They are looking to cut 22 jobs out of 87.
If your one of the unlucky ones all you get is 30 days notice and what ever the government gives you, so in other works all I get after 18 service is 30 days notice and £7300.
We are at the stage, where everyone is getting a 15min interview with bosses to fight for your job and to give ideas to save the company.
Old 29 January 2008, 02:44 PM
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PeteBrant
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Bscially, due to the amount of time yo uhave been there, you are entitled to a minimum of 12 weeks notice. Whether you work that 12 weeks or not is up to the company. But they still have to pay you for it.

What they are legally obliged to pay you is 12 weeks pay - this varies dependng on what you earn...

Redundancy entitlement - statutory rights. A guide for employees - BERR

The amount of a week's pay to be taken into account is the amount you are entitled to under the terms of your contract of employment on the 'calculation date'.

The calculation date for your redundancy payment will generally be one of the following:

The date you were given the minimum notice required by law. This notice is usually one week for each year of service up to a maximum of 12 weeks.

If the notice you received was longer than this minimum, the date on which minimum notice would have had to have been given to end your employment on the same day as it actually ended.

The date the job ended, if you were not given notice or were not given enough notice.
If you had normal working hours and your pay did not change, for example with the amount of work you did, your week's pay is simply your basic weekly wage or salary. Overtime earnings are not included unless overtime was part of your normal working hours.

If your earnings changed from one week to another because of piecework or productivity bonus arrangements, your week's pay is worked out by multiplying the number of hours you normally worked in a week by your average hourly earnings over the 12 complete weeks of work before the calculation date. Only hours actually worked are taken into account. If the hours used in the calculation include hours outside normal working hours and paid at higher rates, the higher rate is ignored and the hours are worked out at the normal basic rate.

If your normal working hours varied from week to week because of shift work, and your earnings varied as a result, a similar calculation is done but the average hourly earnings are multiplied by the average weekly hours over the same 12 weeks. If you had no fixed working hours, your week's pay will be your average weekly earnings in the 12 weeks before the calculation date.

If you are not sure see Continuous employment and a week's pay: rules for calculation.

There is a limit on the amount of a week's pay that can be taken into account in working out your entitlement. The limit changes annually in line with the retail prices index (up or down) as appropriate. For details of current limits on payments, see the document Limits on payments - Guidance. The current weekly limit is £310.
Old 29 January 2008, 02:57 PM
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Sorry to hear that mate

ACAS is a good start. I thought the legal minimum was 1 full weeks pay for every year completed? Dont get your hopes up though - it was something I was told verbally a while back...

When I took VR from a former employer of 8 years I got 3 full weeks pay for every year worked tax free...

Good luck dude
Old 29 January 2008, 04:06 PM
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Originally Posted by Abdabz
Sorry to hear that mate

ACAS is a good start. I thought the legal minimum was 1 full weeks pay for every year completed? Dont get your hopes up though - it was something I was told verbally a while back...

When I took VR from a former employer of 8 years I got 3 full weeks pay for every year worked tax free...

Good luck dude
thanks mate
Old 30 January 2008, 11:10 AM
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I have been made redundant twice in my working life. In the first case I was extremely worried initially however, after a few weeks (Of winding down and relaxing) I started my own business, contracting. Was good times. Then found a job overseas, and never looked back. Second time, short-sighted company "releases" me, only I get "pick up" by their client for 8 months. I made a comfortable income afterwhich I was able to take 7 months off...just buming around.

Think of it as an opportunity, a door opening, not all is bad if you are willing to look outside your comfort zone.

My two peneth anyway.
Old 30 January 2008, 01:14 PM
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Originally Posted by PeteBrant
Bscially, due to the amount of time yo uhave been there, you are entitled to a minimum of 12 weeks notice. Whether you work that 12 weeks or not is up to the company. But they still have to pay you for it.

What they are legally obliged to pay you is 12 weeks pay - this varies dependng on what you earn...
Pete,

You've quoted the rules for redundancy in your post above, but are correct on the notice period.

Last edited by Devildog; 31 January 2008 at 10:20 AM. Reason: misread original post
Old 30 January 2008, 01:54 PM
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Brendan Hughes
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I think some people have read the OP properly and others haven't. Key bit is surely this?
"I will receive the rest of my 12 weeks notice at a reduced rate"
Old 30 January 2008, 08:20 PM
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Think you used to be able to claim reduced tax on the time you are not actually working the notice because as your not working it it can't be PAYE, but best to phone your local tax office which will be on your P60, Good Luck

Tom
Old 30 January 2008, 09:22 PM
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Sorry to hear about the redundancy

I'm sure a man of your talent will find work pretty easily though. To echo the advice above, ACAS are the guys to speak to, they'll tell you exactly what you are entitled to. There's also loads of rules about how you should be made redundant and the company has to follow them all or it's actually unfair dismissal.

Good luck with the job hunting. Or start your own business making racing invalid scooters.
Old 30 January 2008, 09:56 PM
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Get proper advice.

My understanding is also that you are entitled to a minimum of 1 weeks pay for each complete year of employment.

During the notice period you should receive your usual wages. If they don't want you to go in for all of this notice period, they should still pay you your usual wage in lieu of working your notice.

Therefore if they said tomorrow don't come in again, you should receive 12 weeks pay in lieu of notice plus 17 weeks pay in compensation.

P.S. good luck finding something else
Old 31 January 2008, 10:18 AM
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OK, few conflicting posts here.

To clarify:

The op will be entitled to between 13 and 25.5 weeks redundancy for 17 years service, depending on how old he is. Whether this is paid at his normal weekly rate or the statutory minimum which is currently £310 per week, rising to £330 per week from tomorrow, 1/2/08, will be determined by his contract of employment.

Redundancy is not taxed on payments up to £30,000.

The op will be due 12 weeks notice at his contracted pay rate. He has a ‘right to minimum pay during the notice period’ ie he should be paid his normal pay even if not working it.

Any payment in lieu of notice should be at full pay rate for the 12 weeks, subject to tax and NI deductions.

Unless 20 or more employees are being made redundant there is no requirement to 'consult' with the employees for the statutory periods prior to termination.

Brendan, sorry, I misread the post. Hope this clarifies things for all concerned.
Old 31 January 2008, 10:33 AM
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Originally Posted by slipstream_uk
Im in a similar position. My work had a company meeting with all workers. They are looking to cut 22 jobs out of 87.
If your one of the unlucky ones all you get is 30 days notice and what ever the government gives you, so in other works all I get after 18 service is 30 days notice and £7300.
We are at the stage, where everyone is getting a 15min interview with bosses to fight for your job and to give ideas to save the company.
Slipstream,

You should get 12 weeks notice on top of the 30 days.

The 30 days is the consultation period during which your employer must consult with an elected employee representative in the absence of any union involvement. No notices of dismissal can be issued until the end of the consultation period.
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