Redundancy
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davidjpowell

Original Poster:

18,668 posts

211 months

Friday 13th November 2009
quotequote all
Hello - after a bit of help for my Partner.

She is the chair of a Pre School, which is a registered charity. She has been taking legal advice, but some elements I question, and others parts are being questioned by the person being made redundant.

This person has a fairly senior role in the organisation, but does not want to take on a new post that includes her duties, and others on top which will result in the position of manager.

As a result of the new role, her current position is being made redundant. She has been offered a choice between an alternative (but less responsible) role or redundancy.

Understandably this person is feeling hard done-by and has said that she would like the redundancy payment and to then take the alternative role. Everything I have seen says that this is not possible, the Pre School lawyers swear that it is not, yet she is being advised that the pre school could do this?

The latest position is that she now wants to leave immediately, be paid the redundancy, and also 3 months salary in lieu of notice. In principle this is not an issue as it resolves the atmosphere that is not pleasant at the moment. However my partner has been told that the payment in lieu of notice is tax free. After looking at the HMCR website I question this advice.

Some general advice on these points would be very helpful, especially if it also points out to a sample compromise agreement!

Regards

David