Redundancy & Reduced Paid Notice

[BajaBill]

In January, I was informed that my role was at risk of becoming redundant. The next day, I put in for voluntary and started looking for another job.

At the time of the consultation with my line manager (Ops Director) and HR Manager, we agreed that if I was to be made redundant, I'd get 10 weeks paid notice plus the statutory redundancy for my time at the company. I have emails from HR confirming this.

Since then, the HR manager has also been made redundant and has now gone. I was asked to extend my time with the company from the end of April to the end of May, but as my new job starts on 19th I'm only able to stick around till 16th.

This weekend, payroll have sent me my P45 and my final payslip, which includes the redundancy payout. It comes as some surprise that it only includes 6 weeks paid notice instead of the 10 previously agreed.

I may be wrong and it might just be an admin error by payroll. I will find out on Monday. Assuming it's not an oversight, what are my options on recovering the missing 4 weeks paid notice? I don't actually have anything in my employment contract specifying notice period. Will the emails hold any sway? Anything I can threaten them with before I start looking for employment solicitors?

Edited by BajaBill on Sunday 11th May 00:13

[anonymous-user]

It is impossible to advise fully without knowing the wording of the emails about the notice period. I infer that this was an agreed payment in lieu of notice, not payment for a period to be worked. If the emails evidence an agreement, they will be good enough to base a claim on. It matters not what your original contract says or does not say, as you would be relying on a later agreement.

If you have a provable agreement and it has not been honoured, you would have a straightforward claim in either an employment tribunal or (cheaper) a county court. Do not rush to a lawyer just yet. Query the matter with the employer first.

Edited by anonymous-user on Sunday 11th May 08:38

[BajaBill]

Thanks Breadvan, that has put my mind at rest! The clearest email I have states:

HR Manager said:

Hi BajaBill

If you were to be made redundant at the end of the consultation period the following would happen :

1. You would be expected to work a handover period of one month (however if you were to be offered alternative employment and need to leave sooner than the one month then this could be negotiated).
2. At the end of the handover period you would leave with 10 weeks notice pay and 10 weeks redundancy pay which is capped at £450 per week and the redundancy pay element is not subject to tax.

I hope that helps, but please give me a shout if you need any further assistance.

Please note that if you wish to stop the consultation process you can do this at any time, but by doing so you are accepting redundancy.

With best wishes

HR

As stated, I will have already worked an extra 3 weeks for them at their request, so to pull a stunt like this is disappointing to say the least.

[anonymous-user]

I assume you said yes. If you did, you have them bang to rights. There's an agreement, as far as I can see. You gave consideration for it by agreeing to be made redundant and saving them a selection process. Polite but firm email to claim the balance. They will probably pay up. If they don't, polite but firmer letter before claim. If still no cash, issue a claim via MCOL. Cheaper process fees than at the employment tribunal. You probably won't need to go that far as this is probably just A not passing on info to B.

[BajaBill]

I've no email saying yes, but I agreed verbally to voluntary in the meetings and signed a form clearly stating I was volunteering for redundancy (I thought I'd taken a copy, but can't actually find it. I'll be able to get one next week).

Thanks so much for all the help on this, it's very much appreciated!

[anonymous-user]

That is probably enough, taken all together, to show agreement on 10 weeks, absent anything pointing to an agreed 6 weeks.

Be calm and businesslike about it (not that you wouldn't be). Hope you get it sorted.

[BajaBill]

Finally managed to speak with my boss about this. He says that 4 weeks out of the 10 weeks paid notice was for the month of April that I worked (supposedly my final month). This was paid as normal at the end of last month.

This is not how the above email reads to me at all. I was expecting to leave with pay for the extra time I have worked in May, my statutory redundancy, and 10 weeks pay on top of that.

Am I wrong??

[anonymous-user]

You are right and your boss is wrong. The one month handover happens and then you get 10 weeks notice pay. Tell him you have had the email looked at by an experienced and Legal 500 rated employment and general contract lawyer who advises you that the company owes you another four weeks pay and advises that a County Court would probably award you summary judgment if the matter came to court.

[BajaBill]

Thanks Breadvan, will do!

[BajaBill]

Quick update. I left this a couple of weeks while I settled into my new job, but last week I sent them an email with the points raised by Breadvan above.

No response till this morning, when the Financial Director calls me to say they will be paying the remaining 4 weeks!!

I am over the moon! Thanks so much to Mr Breadvan, your input has been absolutely invaluable in getting this resolved. Thank you from the bottom of my heart!

[anonymous-user]

I am glad to have been able to help. I have given up offering free legal advice in S,P and L because of the chorus of amateur knockers there (none of whom ever actually helps anyone out), but I will stick around in here as occasionally I may be able to do some good.

[Moominho]

Brilliant ending, congratulations, and well done Breadvan.

[The Beaver King]

Glad to hear it was sorted out with a positive outcome

Top marks to Breadvan as well; an extremely helpful (if under appreciated) poster on the Employment Forum.

[anonymous-user]

Cheers, but this will be the last thread here in which I give advice, as that pretendy lawyer zeeky has now arrived, and I just can't be bothered to deal with him stalking my every post hoping to find something that he can claim, based on his enormous command of cutting and pasting, that I missed out when trying to give a short bit of guidance to someone with a problem. From now on you can ask him, and maybe he will get lucky with his Googling.

[BajaBill]

That's a shame Breadvan and I really hope you change your mind. Without your expert advice, I would now be down a very significant amount of money. I can't stress enough how much your advice has helped me out and I'd hate to think I was the last one to benefit from your charity and expertise.

Thank you again!

[Kapenta]

Breadvan72 said:

Cheers, but this will be the last thread here in which I give advice, as that pretendy lawyer zeeky has now arrived, and I just can't be bothered to deal with him stalking my every post hoping to find something that he can claim, based on his enormous command of cutting and pasting, that I missed out when trying to give a short bit of guidance to someone with a problem. From now on you can ask him, and maybe he will get lucky with his Googling.

Breadvan

As someone who reads SP&L, although I have never has cause to request legal assistance, I would like to thank you for all the advice that you have given, over the years.

You have always been succinct, polite and accurate. It is sad that there are people, who, armed with "The Google", think that they can better your advice and counter you with rhetoric?

I do hope that they will go away and leave you feeling that you will be able to make more valid contributions, to this thread and others?

Kapenta

[PeetBee]

Breadvan, without wanting to sound sychophantic, I think your insight and knowledge will be greatly missed, please reconsider!

[mad4amanda]

HEAR HEAR ! BV please do not stop as one day I might need your help who knows, I wish I had contacted you 5 years ago as I may have got a better outcome with my employer of 25 years. Don`t get me wrong I think I did ok but it still left a bad taste . Yours and certain others (thinking insurance)advice are what makes this place truly special, the common theme is that the google and cut and pasters are putting this at risk , this place would be worse for it.

[Mr Pointy]

Perhaps those wishing Mr Breadvan to remain (& his posts are always interesting) should be directing their posts towards the moderators. The loss of such valuable advice can only be to the detriment of the forum.