Redundancy questions
Discussion
My company are making me redundant, after 17 years!
I’ve had the “position at risk” interview and the “first consultation” interview.
On Tuesday I have the “second consultation” interview where I am expecting to be told that I will be made redundant and will have a 3 month gardening leave period.
I was expecting this, the company have followed all of the rules, so I have no problems with the process.
The offer They are giving is in compliance with government ruling, they are doing me no favours.
However, I have 2 queries:-
1. My contract states that I cannot work for another company in the same business within 6 months of leaving my present company.
2. I have been told that I must treat the upcoming redundancy as confidential internally and externally until my leaving day.
Are the above conditions legally enforceable?
What can the company do if I don’t comply with the above?
I’ve had the “position at risk” interview and the “first consultation” interview.
On Tuesday I have the “second consultation” interview where I am expecting to be told that I will be made redundant and will have a 3 month gardening leave period.
I was expecting this, the company have followed all of the rules, so I have no problems with the process.
The offer They are giving is in compliance with government ruling, they are doing me no favours.
However, I have 2 queries:-
1. My contract states that I cannot work for another company in the same business within 6 months of leaving my present company.
2. I have been told that I must treat the upcoming redundancy as confidential internally and externally until my leaving day.
Are the above conditions legally enforceable?
What can the company do if I don’t comply with the above?
Ultra Sound Guy said:
1. My contract states that I cannot work for another company in the same business within 6 months of leaving my present company.
"f
k you, pay me"Ultra Sound Guy said:
2. I have been told that I must treat the upcoming redundancy as confidential internally and externally until my leaving day.
"fk you, pay me"I had this about 8 years ago when I was made redundant with the same clause. You should be advised to find and offered to be paid for, a solicitor to check the terms of the redundancy agreement before you agree.
I said to my solicitor that the clause was a restriction of trade and can't be enforceable, to which they agreed and did a strike through and my employer agreed.
Regarding the second point, you should immediately ask for gardening leave if you are not allowed to discuss it. How can they ask you to perform your job in those circumstances, particularly if you are customer facing. If word got out and you'd said nothing, what would your employer do?
My contract was from the 80s so very out of date compared to modern practices, hopefully you shouldn't have a problem and good luck with everything.
I said to my solicitor that the clause was a restriction of trade and can't be enforceable, to which they agreed and did a strike through and my employer agreed.
Regarding the second point, you should immediately ask for gardening leave if you are not allowed to discuss it. How can they ask you to perform your job in those circumstances, particularly if you are customer facing. If word got out and you'd said nothing, what would your employer do?
My contract was from the 80s so very out of date compared to modern practices, hopefully you shouldn't have a problem and good luck with everything.
Ozone said:
Regarding the second point, you should immediately ask for gardening leave if you are not allowed to discuss it. How can they ask you to perform your job in those circumstances, particularly if you are customer facing. If word got out and you'd said nothing, what would your employer do?
My contract was from the 80s so very out of date compared to modern practices, hopefully you shouldn't have a problem and good luck with everything.
Disgusting isn't it how some employers like to hide toxic behaviour. My contract was from the 80s so very out of date compared to modern practices, hopefully you shouldn't have a problem and good luck with everything.
I can only imagine the OP is in sales and they don't want him taking clients away?
The company have decided not to continue manufacturing the product which I am responsible for.
They intend to source from a third party who will supply and fit the equipment onto the vehicles provided by the company who will also commission their equipment, train the customers and support their equipment for life.
The company have also made a decision (wrongly IMHO) to stop supporting existing customers who have our equipment fitted. THIS is probably the reason they don’t want me to communicate with colleagues/customers/competitors for a few months!?
They intend to source from a third party who will supply and fit the equipment onto the vehicles provided by the company who will also commission their equipment, train the customers and support their equipment for life.
The company have also made a decision (wrongly IMHO) to stop supporting existing customers who have our equipment fitted. THIS is probably the reason they don’t want me to communicate with colleagues/customers/competitors for a few months!?
Inbox said:
It is worth checking the conditions with an employment solicitor to avoid any mis-understandings going forward.
^^ This. Please do not base your decisions on some of the nonsense in this thread.Your key mission, IMO, is to pocket the cash and get another job. Focus on that.
Sorry to hear about the redundancy 
Make sure you use an employment lawyer to understand the legalities properly - don t base it on hearsay.
I used Thomas Fuller at Omny Group earlier this year during my redundancy: https://omnygroup.co.uk/
He was very good and I d happily recommend him.
Make sure you use an employment lawyer to understand the legalities properly - don t base it on hearsay.
I used Thomas Fuller at Omny Group earlier this year during my redundancy: https://omnygroup.co.uk/
He was very good and I d happily recommend him.
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