paulr

I will be getting advice from both my union and (maybe) ACAS, but in the meantime, are there any experts on the redundancy process.
Last week i was told i am "at risk" of being made redundant and have my second one to one on Friday. Its a job i have done for 14 years. My contract states i am entitled to one weeks notice for every year up to a max of 12 weeks. My questions are.

1. When does the 12 weeks notice actually start. Is it from when you were first told you are at risk, or is it from when you are actually informed (in writing) you are to be made redundant.
2. During the 12 week period of notice (they are making us work it) if you get a job, can you leave. If you do what do you lose. Is it just the remaining notice, or do you lose the redundancy money too.
3. If you get to week 11 of you 12 week notice, can they withdraw the offer of redundancy, and make you stay.

(I dont mind being made redundant, i have another job waiting. Basically i just want the money, and i'm off.)

mart360

In a nutshell, being made at risk, is just a polite heads up.

If there are more than 30 employees being affected by the redundancy, then your company must start a period of consultation, once thats done, notices of redundancy will be issued

If less than 30, then they can give you notice at any time.

The terms of your redundancy notice are what counts...

Its usually instant, with a sum prorata to employment holiday and other agreed requirements.

Or it may be along the lines of.... your employment will terminate in xx months, you will work untill that date etc. This will usually specify what you would get if you left early etc.

Ive had both.

The instant one was a lump sum to cover my notice period, - 3 months, and outstanding holiday pay

The future date one, was 5 weeks salary providing i worked 2 months to assist the closure of the department. This would be payable even if i transferred to another department on the completion of the 2 months

I moved to another department internally after the 2 months and carried on being payed. 6 months after that i left for another job, and picked up the redundancy money then.


Unfortunatly by being given an at risk notice ( either verbally or in writing,) any time exclusions for insurances now apply.

HTH

Mart

DCI Gene Hunt

1. It starts from the formal notification, typically a letter only reiterates this date.
2. If you leave then you're not being made redundant and all bets are off.
3. They could offer you your position back, but after issuing the formal letter it's something that they can't u-turn on.

paulr

Mart, it will be the second one.....future date.
DCI, on 3, so if work picks up,and they offer me my job back (after having a letter of redundancy, and in my notice period) i dont have to take it. I can finish my notice and take the redundancy.

DCI Gene Hunt

Whilst it's generally true that notice of dismissal, once given, cannot unilaterally be withdrawn, it is not the case that an employee is guaranteed a redundancy payment if they are offered either their former job back during redundancy notice or up to 4 weeks after termination, or they're offered an alternative job whilst under notice

The full story is rather complicated but outlined below:-

Giving the employee a redundancy payment to compensate him for the loss of his job is not an ideal solution. In most cases the employee would prefer to have continued employment rather than a money payoff.

The Employment Rights Act therefore encourages the employer to offer, and the employee to accept, new or renewed employment as an alternative to a redundancy payment (ss 138, 141). Assuming that the employee has been dismissed by reason of redundancy: 1 If the employee's contract of employment is renewed either immediately or within four weeks of the dismissal, then the dismissal is deemed never to have happened. And if there is no dismissal, there is no right to a redundancy payment. 2 If the employee is re-engaged under a new contract of employment (with the old employer or an associated employer: s 146(1)) either immediately or within four weeks of the dismissal then, provided that the offer of a new contract was made before the old contract was terminated, the dismissal is again deemed never to have happened. And if there is no dismissal, there is no right to a redundancy payment. In either case, unless the new terms and conditions of employment are identical to the previous terms and conditions, the employee is entitled to a statutory trial period of at least four weeks, without prejudice to his redundancy rights. 3 If the employee refuses the offer of a new or renewed contract, then the dismissal stands; but the employee nevertheless loses his right to a redundancy payment if the following conditions are satisfied: (a) The offer was made before the old contract was terminated; An offer to renew the old contract must obviously come from the old employer; an offer of a new contract may come from the old employer or an associated employer (s 146(1)). (b) The renewal or re-engagement was to take effect immediately upon the termination of the employee's employment under the old contract or within four weeks thereafter; (c) The job offered was the same as the old job or else constituted suitable alternative employment in relation to the employee (para [1488] below); (d) The employee unreasonably refused the offer

paulr

Its quite complicated, but thanks.