Rights during redundancy

[xjay1337]

I was made redundant last week.

I was notified on Monday 6th that there were going to be a restructuring, and then later on the same day (6th February), I had a 1-1 phone call saying they were outsourcing my product to another company.

In addition to myself being made redundant on that day, another colleague was also, and I believe there were 4-5 other people who have also gone on Friday the 10th.

I received my letter through today and it states:

"You will be paid up to this date (6th of Feb) and payment in lieu of my 4 weeks notice and any other holiday owed but un-taken".

I was under the impression that the minimum period for consultancy of redundancy was 1 week, and as such I should effectively be paid an additional week salary in addition to my notice period? The reason I ask as a weeks salary is quite a large chunk of money (£750 or so).

I also had booked off Thursday the 9th of February as leave - As I was let go on the Monday and no longer employed (technically), should this day also be taken off of my paid leave?

I had been at the company 8 months.

TIA.

Edited by xjay1337 on Tuesday 14th February 14:56

[andy-xr]

How long have you been there and when does your holiday year start/end?

Edit - just noticed, 8 months. Just say goodbye to the people you worked with, you've been there under 2 years so anything in redundancy payment terms is going to be good will

[xjay1337]

andy-xr said:

How long have you been there and when does your holiday year start/end?

Edit - just noticed, 8 months. Just say goodbye to the people you worked with, you've been there under 2 years so anything in redundancy payment terms is going to be good will

Yes, but I was under the impression that the minimum consultation period for 1-20 employees was 1 week.


Ergo, telling me on Monday they are making redunancies they should not actually enforce that until Monday (yesterday, the 13th) or provide PILoN.

I'm aware that redundancy pay is 2 years but as I mentioned I thought I was entitled to the week consultation notice period and it seems I have not got it.

[edc]

https://www.gov.uk/redundant-your-rights/consultat...

Your best bet it to look forwards. Unless you have a potential claim with a sizeable outcome then you are wasting time securing your own future.

[andy-xr]

xjay1337 said:

Yes, but I was under the impression that the minimum consultation period for 1-20 employees was 1 week.


Ergo, telling me on Monday they are making redunancies they should not actually enforce that until Monday (yesterday, the 13th) or provide PILoN.

I'm aware that redundancy pay is 2 years but as I mentioned I thought I was entitled to the week consultation notice period and it seems I have not got it.

I'm pretty sure they can just do it on the fly, but I'm not an employer or have any real knowledge of the law. I think unless you're black, pregnant or gay, you're fked really.

The holiday pay thing, depending on when your holiday year starts, and how much you've taken so far, you might want to work out how much you've actually accrued and if you owe them (ie you've taken a week but not actually earned a week yet since the start of the holiday year), keep quiet about it.

[elanfan]

I suspect you were sacked/let go rather than made redundant as they are entitled to do and just made up your pay per your notice period.

Apply for a job at the company they sold out to?

[Du1point8]

xjay1337 said:

andy-xr said:

How long have you been there and when does your holiday year start/end?

Edit - just noticed, 8 months. Just say goodbye to the people you worked with, you've been there under 2 years so anything in redundancy payment terms is going to be good will

Yes, but I was under the impression that the minimum consultation period for 1-20 employees was 1 week.

I'm aware that redundancy pay is 2 years but as I mentioned I thought I was entitled to the week notice period and it seems I have not got it.

What does it say on you contract you signed?

[xjay1337]

elanfan said:

I suspect you were sacked/let go rather than made redundant as they are entitled to do and just made up your pay per your notice period.

Apply for a job at the company they sold out to?

Possibly.

No jobs are available there, had a discussion already.
Im hoping to have an offer for another job soon.

I just wanted to clarify my legal position here.

[edc]

It's not clear from your first post what the wider scenario is but you use the term outsource and imply the work is being picked up by another organisation. There is the possibility that TUPE might apply.

[RizzoTheRat]

Slightly off topic but it's worth getting down the job center and signing on asap. If you're in any kind of technical job they'll be useless at helping you find work (and a hindrance in some cases, they wouldn't let me change my sign on day to attend a trade show), but it will mean you don't have a gap in your NI payments, so no impact on state pension, and if you've been paying NI for the last 2 years (I think) you're entitled to jobseekers allowance.

[xjay1337]

Can i check my state contributions historically somewhere?

I am confident in being offered a new position in the next few weeks - so effectively wont have missed any monthly contributions.

edc said:

It's not clear from your first post what the wider scenario is but you use the term outsource and imply the work is being picked up by another organisation. There is the possibility that TUPE might apply.

Its outsourced.

I've been over my letter and it doesn't mention redundancy, even though thats what the meeting(s) were about.
They just stated that my product skills for a product were no longer required.

I suspect they've gotten around that by termination of my employment as I was there under 2 years.

Grr. Companies can be a bd.