Been given my notice (verbally) - advice needed pls
Discussion
Long story short PH- been working under a couple of companies (all part of the same group and in the same office with the same MD) since graduating 5years ago...
We've now entered a contractual dispute with our client on the project I've been working on, over the pricing/costings of variations.
I was told to close the site the next day (30th Sep), pack all my stuff (was renting in Bham to be close to the site) and head back to HQ to help compile a report for the QS and for possible counter claims etc.
I was then told that if the discussions don't go to plan and we won't be restarting works at the site, and there will be no work for me- so I should take this as my 4 weeks notice (phone conversation). 3 weeks on I'm still yet to receive the notice in writing, and my current contract is a myth, as is my HR department so I don't have much to refer to.
I am directly employed by the company, I've been working for this company for approx 15months now (been working in the group for over 5years now). I've been applying for other jobs in the meanwhile, and have been made a good offer which i'm going to except today.
I wondered if I was entitled to any redundancy pay, but it seems you have to be working with the same company for atleast 2 years. A colleague has just mentioned to me that it may not be the case due to me having continuous employment with them over the last 5 years. He also mentioned that if I managed to secure a job it shouldn't affect the payment/package I get from them. I don't want to claim anything i'm not owed, but would like to make sure i'm not being cheated.
The company is abit of a mess, and I was planning on leaving once I completed the project in Bham, but obviously couldn't predict this.
I've got a meeting with the FD tomorrow, I want to bring up also my holiday outstanding (only taken 7x days this year) and to know how much I should be expecting to get from them.
Thanks
Med
We've now entered a contractual dispute with our client on the project I've been working on, over the pricing/costings of variations.
I was told to close the site the next day (30th Sep), pack all my stuff (was renting in Bham to be close to the site) and head back to HQ to help compile a report for the QS and for possible counter claims etc.
I was then told that if the discussions don't go to plan and we won't be restarting works at the site, and there will be no work for me- so I should take this as my 4 weeks notice (phone conversation). 3 weeks on I'm still yet to receive the notice in writing, and my current contract is a myth, as is my HR department so I don't have much to refer to.
I am directly employed by the company, I've been working for this company for approx 15months now (been working in the group for over 5years now). I've been applying for other jobs in the meanwhile, and have been made a good offer which i'm going to except today.
I wondered if I was entitled to any redundancy pay, but it seems you have to be working with the same company for atleast 2 years. A colleague has just mentioned to me that it may not be the case due to me having continuous employment with them over the last 5 years. He also mentioned that if I managed to secure a job it shouldn't affect the payment/package I get from them. I don't want to claim anything i'm not owed, but would like to make sure i'm not being cheated.
The company is abit of a mess, and I was planning on leaving once I completed the project in Bham, but obviously couldn't predict this.
I've got a meeting with the FD tomorrow, I want to bring up also my holiday outstanding (only taken 7x days this year) and to know how much I should be expecting to get from them.
Thanks
Med
Hi
Statutory redundancy pay in the UK can be calculated here
https://www.gov.uk/calculate-your-redundancy-pay/y
You employer will not be able to avoid your 5 years continuous service simply by using a different legal entity to employ you.
You will need documentary evidence, payslips etc
The fact that they let you know verbally tells me you are unlikely to see much out of them.
Personally I would try to cut a deal. All your holiday pay, plus a months salary and able to leave today, no notice. That would seem reasonable.
But Calculate out your full five years at statutory and see if it makes much difference.
Good Luck
I hear what you are saying as per redundancy, but if its a contract dispute, could your current employer blame you???
Best advice is a s above go for a package that suits both parties. Should be near to redundancy, its called a compromise agreement and should be written up correctly and have an employement lawyer to look over it for you too.
Best advice is a s above go for a package that suits both parties. Should be near to redundancy, its called a compromise agreement and should be written up correctly and have an employement lawyer to look over it for you too.
anothernameitist said:
Best advice is a s above go for a package that suits both parties. Should be near to redundancy, its called a compromise agreement and should be written up correctly and have an employement lawyer to look over it for you too.
The company should also pay for that lawyer.Mehdi said:
Long story short PH- been working under a couple of companies (all part of the same group and in the same office with the same MD) since graduating 5years ago...
We've now entered a contractual dispute with our client on the project I've been working on, over the pricing/costings of variations.
I was told to close the site the next day (30th Sep), pack all my stuff (was renting in Bham to be close to the site) and head back to HQ to help compile a report for the QS and for possible counter claims etc.
I was then told that if the discussions don't go to plan and we won't be restarting works at the site, and there will be no work for me- so I should take this as my 4 weeks notice (phone conversation). 3 weeks on I'm still yet to receive the notice in writing, and my current contract is a myth, as is my HR department so I don't have much to refer to.
I am directly employed by the company, I've been working for this company for approx 15months now (been working in the group for over 5years now). I've been applying for other jobs in the meanwhile, and have been made a good offer which i'm going to except today.
I wondered if I was entitled to any redundancy pay, but it seems you have to be working with the same company for atleast 2 years. A colleague has just mentioned to me that it may not be the case due to me having continuous employment with them over the last 5 years. He also mentioned that if I managed to secure a job it shouldn't affect the payment/package I get from them. I don't want to claim anything i'm not owed, but would like to make sure i'm not being cheated.
The company is abit of a mess, and I was planning on leaving once I completed the project in Bham, but obviously couldn't predict this.
I've got a meeting with the FD tomorrow, I want to bring up also my holiday outstanding (only taken 7x days this year) and to know how much I should be expecting to get from them.
Thanks
Med
The company needs to give you a letter, it can be hard copy or soft copy but they need to issue it to you and make sure you've received and understood that they're giving you notice. We've now entered a contractual dispute with our client on the project I've been working on, over the pricing/costings of variations.
I was told to close the site the next day (30th Sep), pack all my stuff (was renting in Bham to be close to the site) and head back to HQ to help compile a report for the QS and for possible counter claims etc.
I was then told that if the discussions don't go to plan and we won't be restarting works at the site, and there will be no work for me- so I should take this as my 4 weeks notice (phone conversation). 3 weeks on I'm still yet to receive the notice in writing, and my current contract is a myth, as is my HR department so I don't have much to refer to.
I am directly employed by the company, I've been working for this company for approx 15months now (been working in the group for over 5years now). I've been applying for other jobs in the meanwhile, and have been made a good offer which i'm going to except today.
I wondered if I was entitled to any redundancy pay, but it seems you have to be working with the same company for atleast 2 years. A colleague has just mentioned to me that it may not be the case due to me having continuous employment with them over the last 5 years. He also mentioned that if I managed to secure a job it shouldn't affect the payment/package I get from them. I don't want to claim anything i'm not owed, but would like to make sure i'm not being cheated.
The company is abit of a mess, and I was planning on leaving once I completed the project in Bham, but obviously couldn't predict this.
I've got a meeting with the FD tomorrow, I want to bring up also my holiday outstanding (only taken 7x days this year) and to know how much I should be expecting to get from them.
Thanks
Med
If they havent done that, they havent given you notice in it's strictest form. It might be that they give it to you on your leaving date (as in, Friday, you can leave now, here's a letter with 4 weeks notice) but verbal dont mean s
t to you. Holiday entitlement will be in your contract, as in when the holiday year starts and ends. Expect that they say something like 33 days including bank holidays pa, so you'll have taken 7 days + whatever amount of bank holidays there've been (6?) and you'll have accrued 2.1 days per month. If your holiday year started in January, you'll have earned 16 days, you've taken 15. They'll have something that works it out.
You probably need to work out whether you're eligible for statutory redundancy (have to have been there over 2 years) but you'll know whether you've been TUPE'd over from the other company. Your pay slips will tell you too. But it doesnt sound like you're being made redundant by the company, even though you could argue that your role is being made redundant. You can be laid off, and if it transpired that you've been with the company under 2 years then you wouldnt qualify for statutory redundancy
It sounds like you need to have a possibly awkward but hopefully productive conversation to find out where you stand and what the company's plans are. There's no harm really in just having it out with whoever your boss is
andy-xr said:
and if it transpired that you've been with the company under 2 years then you wouldnt qualify for statutory redundancy
If he has been with the same group for five years, then he would qualify. It is not possible for the company to avoid redundancy obligations by moving you to a different legal entity It may be that you would need to go to court to get remedy.
However Five years at Statutory is not worth as much as you think, so I would argue it is better to try to get a suitable deal.
I do agree, that regardless of anything else, they have to give you written confirmation that you are working your notice period, it cannot be verbal.
Thank you for the advice PH, it gave me a lot of thinking to do.
I called up the advice centre and had an initial chat with my FD, and basically the company decided to make me redundant (with pay) and also gave me another fortnight on my notice to help me find a new job. So it went a lot better and smoother than expected, no arguments about money, job etc and they gave me a written notice when I met with my chairman.
I've now got a new job starting in the next fortnight, which pays me more and has better prospects for the future, so win win. I wouldn't have guessed it'd have worked out this way when I wrote the opening post, but that's the beauty of it.
Now it's time to buy a new motor for the new job, happy days!
I called up the advice centre and had an initial chat with my FD, and basically the company decided to make me redundant (with pay) and also gave me another fortnight on my notice to help me find a new job. So it went a lot better and smoother than expected, no arguments about money, job etc and they gave me a written notice when I met with my chairman.
I've now got a new job starting in the next fortnight, which pays me more and has better prospects for the future, so win win. I wouldn't have guessed it'd have worked out this way when I wrote the opening post, but that's the beauty of it.
Now it's time to buy a new motor for the new job, happy days!
Mehdi said:
I wouldn't have guessed it'd have worked out this way when I wrote the opening post, but that's the beauty of it.
Now it's time to buy a new motor for the new job, happy days!
Some times it works out that way. Being made redundant back in 2010 was (looking back) one of the best things that ever happened to me. It gave me the kick up the arse to get where I am now.Now it's time to buy a new motor for the new job, happy days!
Glad its worked out for you.
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