Anybody been made redundant recently? Advice req'd
Anybody been made redundant recently? Advice req'd
Author
Discussion

tuscan30

Original Poster:

186 posts

278 months

Thursday 13th January 2005
quotequote all
Does anyone know the rules regarding redundancy ?
Do they have to give you notice of redundancy?
I heard that 90 days notice is req'd but would like that to be confirmed.
Good start to '05 ain't it !

Thanks

tus30

Eric Mc

124,719 posts

287 months

Thursday 13th January 2005
quotequote all
What does your employment contract say?

tuscan30

Original Poster:

186 posts

278 months

Thursday 13th January 2005
quotequote all
No mention of "notice" appears in the contract - was wondering if employment law covered it automatically.

tus30

JulianHJ

8,858 posts

284 months

Thursday 13th January 2005
quotequote all
Are you a permanent employee or fixed contract? How long have you worked for them? What have they said to you?

DanL

6,581 posts

287 months

Thursday 13th January 2005
quotequote all
From stuff that happened at work a while back - the notice period will be in your contract, and (if you've been working there more than a year) you get 4 weeks notice due to legislation (I think) as a minimum.

It depends on how many they're laying off tho' - there's a 90 day 'consultation' period before layoffs if they're loosing more than a certain percentage/number of employees (can't remember off the top of my head, but at my company I think it was something like 50+ had to go in one block before this 90 day period came in).

For another range (20-50 people?), there's a 30 day consultation period before layoffs can begin. Notice periods start AFTER the consultation period.

Hopefully someone who knows more will be along shortly - good luck with everything!

Dan

>> Edited by DanL on Thursday 13th January 19:14

shirley temple

2,232 posts

254 months

Thursday 13th January 2005
quotequote all
Have been made redundant a couple of times now, Normally a period of notice is given or payment in place of this. As I understand it ,the standard redundancy package is one weeks pay per full year served,unless over 41(?) then its one and a half weeks pay per full year served.Some employers IE the Post Office,Local Authorities and GM/Vauxhall have a different deal that is fairly lucrative for longer serving employees.
This is as I understand the situation,however Iam prepared to be corrected!
Good luck in finding another position.

2 Smokin Barrels

31,697 posts

257 months

Thursday 13th January 2005
quotequote all
Assuming you've been there a year:

1)New legislation which came in October 1 2004 requires them to write to you to set a meeting. The letter should tell you the purpose of the meeting (i.e. to discuss redundancy) & advise you of your right to be accompanied etc. If they've not done this it's possibly unfair dismissal. Any award is also uplifted by (I think) up to 50%

2) The consultation period is when a certain number of employees are all being made redundant.

3) Your notice period is one week per year employed, up to 12 weeks, unless your contract says different.

4) Take legal advice. It ain't necessary expensive.

5) Keep yer pecker up!

tuscan30

Original Poster:

186 posts

278 months

Thursday 13th January 2005
quotequote all
Thanks for all the replies and advice folks.
Been there seven years, nobody else being made redundant (I was the only one in that post within the company)
Taking legal advice tomorrow.
Currently going thru the contract again with a fine tooth comb to get the facts straight.

Cheers all,

tus30

tubbystu

3,846 posts

282 months

Thursday 13th January 2005
quotequote all
When you get to have your meeting you should get them to agree that they pay you under a "severance agreement" meaning that they can pay you more than the legal £241 (?) per year served (by only a quid if they are tight) but all your outstanding holiday pay etc can be rolled into it and its all then paid tax free.

This will require lawyers to draw up contracts, but they have to pay all the legal costs direct. Do get the lawyers to include a clause that if subsequently any tax is payable on the agreed sum it becomes the companies problem, and make sure the conditions of the agreement are not restrictive to your ability to work for competitors etc. You should ask lawyers what happens about tax if you get a job within the agreed and paid notice period - because it may become payable, but if you get another job that quick it presmably won't matter too much.

If you have a company car you are entitled to use of the car ( but probably not fuel) for the period of your notice shown in contract, but this will be at least 4 weeks - if not 7. You could negotiate this out for cash if wanted too.

Don't forget its the role that is redundant and not you. I know it hurts badly being made redundant but chin up - its only a job after all.

Something will come along in the "electric - jiggerypokery" line soon surely ?

Stuart