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02 Jul 14
10:42
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Date Joined:
20 Aug 02
Been told my position may become redundant (letter states "there is a possibility that you could be dismissed in due course by reason of redundancy") under the guise of a department restructure.
Have checked my contract this morning. There is no redundancy section. Under notice it lists reasons they can terminate without notice but also has a section saying that they can give notice as long as they follow various guidelines up to 12 weeks notice.
Although they are packaging this as it 'might' happen, I'm not stupid and know that it will happen and assume I can't stop it so need to try to get myself the best deal possible. Anyone able to advise me how to proceed? Can't afford to be getting involved with lawyers/solicitors - will Citizens Advice Bureau be any use? Is there a body that will provide helpful advice? How can I obtain the best possible redundancy package (have checked the statutory amount on a government website and it is horrific)?
Have checked my contract this morning. There is no redundancy section. Under notice it lists reasons they can terminate without notice but also has a section saying that they can give notice as long as they follow various guidelines up to 12 weeks notice.
Although they are packaging this as it 'might' happen, I'm not stupid and know that it will happen and assume I can't stop it so need to try to get myself the best deal possible. Anyone able to advise me how to proceed? Can't afford to be getting involved with lawyers/solicitors - will Citizens Advice Bureau be any use? Is there a body that will provide helpful advice? How can I obtain the best possible redundancy package (have checked the statutory amount on a government website and it is horrific)?
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Replies: 17
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can I ask if you don't mind, are you in a union?
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Hi Huggy,
No I don't mind you asking as it is probably quite important - I am not in a union. |
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I think it depends who the employer is and how senior you are. The twice I was made redundant I got the statutory amount and that was that.
Do you know of anyone else who has been made redundant with that Company and how they were treated? |
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Have been there 15 years and in an Executive position. Only a small company (around 15 members of staff). A couple have been made redundant before, maybe 5-6 years ago, but after much less service and from lower positions. Don't know what deals they got.
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What is the size of the company you work for?
Do they have a written redundancy policy? There may well be even though it's not in your contract. (letter states "there is a possibility that you could be dismissed in due course by reason of redundancy") under the guise of a department restructure. Not sure what you're getting at here. If they can restructure and perform activities more efficiently, this may well be a valid reason for redundancy. If you feel you are being treated unfairly then you may have some redress. I'm no legal expert - just drawing on my experience and what I've read. You could phone a solicitor - they won't charge you for an initial conversation. CAB may be helpful. Do some web research. You could post your issue on legalbeagles.info GL |
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You are only entitled to the Statutory Redundancy Payment provisions unless a clause in your Contract of Employment states otherwise (no worse than the Statutory provisions).
However, you can sue for Wrongful Dismissal via the Employment Tribunal if the Redundancy Process is deemed to be unfair or certain procedures aren't followed e.g. appropriate consultation, offer of reasonable alternative employment, a 'bumped' redundancy etc. The Employer would then need to show that the Redundancy was 'Fair'. |
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I'd start looking for another job. If you find one and can also cop a payout, it's a win-win situation. The statutory redundancy terms are grim.
I have been made redundant twice and was lucky that each of the large companies had decent terms. First time I copped ca. a years pay & started a new job in a fortnight. Second time, I again copped around a years pay and I had a delightful 9 months off before my next job and watched the entire turf flat season.  I applied for 2 jobs (one was as a handicapper  ) when I was made redundant. I then could not be bothered to look for a job and the only thing that got me off my harris, was one of the companies I applied to previously contacted me, as a new position had become available. Best of luck. https://www.gov.uk/redundant-your-rights/redundancy-pay |
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Stow, what was it each time that got you a year's pay rather than statutory? Was that just their standard redundancy firms or did you have to fight for it? If I could get that I would be happy. If I get statutory I am in trouble.
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if you are on a fixed term contract can you still qualify for redundancy if it goes over 2 years?
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It was that both companies had redundancy policies. Perhaps larger companies (over 100 employees?) are obliged to. In fact the first one was after a merger and you got the best of either of the companies terms. This was a real bonus to the older staff.(Not for me, I was 31)
I spoke to an employment lawyer the 2nd time around, as I though there were various underhand things that went on in that instance. I came away convinced that companies could largely do what they wanted and individuals largely had to just up up with it. It's probably only extreme cases where you have much recourse. |
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I had served 13 years and 13.5 years before my two kicks in the nuts. It's pretty tough to take personally.
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get on the phone to ACAS.
they are the best in these types of situations |
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I spoke to an employment lawyer
Had this happened 20-30 years ago Roger, you wouldn't need advice. Having said that, the six words above are the best way to go imo. |
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I spoke to ACAS - I was made redundant 9 months ago and although it was voluntary they only gave me 24 hours to decide and I don't think they had anything else to offer me anyway
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whos gonna do the butlering now iyo...
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I have been made redundant four times, on one occasion I had been there nine years ten months, they wanted me to leave straight away, but I argued that the job I was doing was still plausible for two men, I got the union to step in and help, it took two months, although I was still made redundant I got an extra years service in.
(ps don't tell anyone I was six months in arrears with the union |
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think your looking at a grand a year tax free, and 13 weeks notice worked or paid in lieu thats taxed,this motley mob has reduced this to 6 weeks notice ,but 13 is stil possible if both partys agree,redundancy is paid for the 1st 25 yrs only and any more years is paid at a nominal amount
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