ktulu

you would be better leaving and not working the three months if you can, you'll then get three months pay tax free. Plus whatever the redundancy is they are offering. I think the stat. is about £250.00 for every year or a weeks salary for each year , whichever is lower.

They have to tell yoiu about any other available jobs in the organisation and you can apply.

The job market is not very good at the moment, but it does seem to be picking up slightly.

SPEN555

If I were to just leave though and not serve my notice I would invalidate my employment contract and therefore play into their hands and not receive any redundancy?

Damian.

LanCat

My understanding would be that as your current position has become redundant you are being offered two alternatives, to take a redundancy payment or accepting an alternative position. The choice is your's. You can't just leave, unless you want to lose any money they owe you, you have a contract to keep.

I guess the redundancy payment isn't that big so unless you have pots stuck away somewhere why not accept the new role and also start to look for a new position. Employers still seem to have a preference for taking staff on who are working rather than those "between positions".

SPEN555

Lancat,

That is what I'm doing. I am taking the new position and this will mean I go from a one month contract to three month contract which to me means I will give three months notice and should get three months pay as redundancy plus the stat pay.

The guy from group did say that he wants me for at least six months and should I leave within that time I would not be entitled to redundancy. I just think he's just trying to scare me into staying as it is to his advantage if I do.

Damian.

fast bloke

If you leave of your own accord at any stage you wont get any redundancy

ktulu

no you cant just go

but you can negotiate and quite often they will let you leave straight away and pay your three months in these situations.

This is always sticky grounds for companies too, they may well be happy to pay your three months and stat, if you sign the bit of paper.

our company is going through a very similar thing

SPEN555

I've been reading the DTi website on redundancy and it says;

'If you have been given notice of redundancy, you may leave early by agreement with the employer and still qualify for payment. But the minimum period of notice which the employer has to give (by contract or by law) must have started by the time you give your notice'.

By notice of redundancy though does this refer to the notice to the factory as a whole or to you as an individual? Also the last sentence may suggest I won't get redundancy if I were to give three months notice now for example as they want me for at least another six months.

Damian.

Diablo

SPEN,

It means you personally have to be given notice.

Given the specifics of your case, it seems you've been offered a promotion to a job that will not become redundant (within the group)and therefore you if you personally have not been given notice of the redundancy of your job, if you leave you will not be entitled to anything.

If you personally have been given notice of the redundancy of you job then, as the DTi info says, you may qualify for payment.

D

SPEN555

Diablo,

Yes it is promotion but this position will also become redundant. They will be creating a new role within group HQ or a role at another site.

So surely I should get redundancy provided I serve them my contractual notice?

Damian.

Diablo

Too many varaibles now to comment.

Speak to the Department of Employment for confirmation

D

SPEN555

LOL! I know what you mean.

Thanks everyone for your thoughts.

Damian.

BOB.T

Not a clue mate sorry!

I know when I was made redundant after being with the firm for two and a bit years I got nearly a grand, which was nice especially as I got a phonecall about going for an interview with my next employers only moments before being told we were going down the pan

Best of luck, whichever way it goes though

Bob

HunterB

SPEN,

If you hand in your notice, at any time, you are deemed to have resigned and you will not get any redundancy. Doesn't matter if the position you're in will be made redundant in the future - if you resign, you may work your notice period or, with agreement with your employer, you may receive pay in lieu of notice. Either way, you will not receive any statutory or discretionary redundancy pay.

The only way that you become eligible for redundancy pay is if your employer makes your position redundant whilst you are in it. Even then, they may only make you redundant if they have made every effort to find you suitable alternative employment within the organisation. If no suitable alternative can be found, your position can be deemed redundant and your employer may compensate you for that. Statutory redundancy is a maximum of £250 for each year you have worked (less if your weekly rate is less than that). Your employer will also be obliged to pay you in lieu of notice (e.g. if your contract specifies a three-month notice period on their side, they will pay you three months' money). Anything other than that is discretionary (e.g. your employer may pay you additionally for staying on and working with them to end a project, they may pay you for agreeing not to take your case to the Union, they may pay you for agreeing not to take them to tribunal, etc.), but they don't have to do so. The first £30k is generally tax free, anything above is taxed at your highest rate.

Just been through it.
Brian

SPEN555

On the 22nd February 2002 the company I work for announced that the factory I work at would be closed resulting in my position becoming redundant. We are currently going through a 90 day consultation period but the unions are likley to accept the offer of redundancy and retention payments in the next few days so the full 90 days will not have to run it's full course.

Naturally I have begun looking for alternative employment. A week or two after the announcment I was offered my bosses position (ironically my boss handed his notice in on the morning of the announcement and he knew nothing of the closure). They want to keep me on in the new position and have said they will have a position for me within the group after the closure.

However I would like to move on and work somewhere else. My question is though, as long as I serve them my full notice in accordance with my employment contract I should be entitled to redundancy shouldn't I? i.e. I am on 3 months notice, so three months salary plus 3 years if statutory redundancy as I have done just over 3 years service.

This is taking into consideration they don't want me to leave until they say so.

Damian.

[Edited by SPEN555 - 4/12/2002 12:08:00 PM]