Redundancy lieu of notice period

[DOUGGRIFF]

I was told last Monday 7th September that I am at risk of redundancy, and since then have had 2 consultation meetings with details of my redundancy compensation. I have been told that my last working day will be on 25th September and then the company will use my 5 weeks lieu of notice to pay me until end of October. Which will be when I am made redundant. Some of my colleagues do not have 5 years service and they will get furlough for the period not covered by their lieu of notice. My question is, are they allowed to use my lieu of notice like this? I was at risk last year and my lieu of notice payment was included in my final figure.

[Countdown]

I would have thought so.

I'm surprised they're continuing to furlough your colleagues if they're definitely being made redundant. I thought that CJRS meant that Employees should be furloughed only if there's a likelihood they will be able to return to employment.

[PorkInsider]

Countdown said:

I thought that CJRS meant that Employees should be furloughed only if there's a likelihood they will be able to return to employment.

That's what I thought, too?

[xyz123]

DOUGGRIFF said:

I was told last Monday 7th September that I am at risk of redundancy, and since then have had 2 consultation meetings with details of my redundancy compensation. I have been told that my last working day will be on 25th September and then the company will use my 5 weeks lieu of notice to pay me until end of October. Which will be when I am made redundant. Some of my colleagues do not have 5 years service and they will get furlough for the period not covered by their lieu of notice. My question is, are they allowed to use my lieu of notice like this? I was at risk last year and my lieu of notice payment was included in my final figure.

So they are effictively putting you on paid garden leave? You are on books, get paid but don't work the notice period. That's perfectly legal.

[Cyberprog]

xyz123 said:

So they are effictively putting you on paid garden leave? You are on books, get paid but don't work the notice period. That's perfectly legal.

But worth noting that you continue to accrue holiday whilst on garden leave, which should then be either used or paid out at the end of that notice period. They could tell you to take some days of course as holiday.

Things like health cover would continue while on this also which if you were paid out would not.

[PugwasHDJ80]

you need to take advice as this doesn't sound right (I am an employer rather employee, but was made redundant before starting a business- I am most definintely not a lawyer)

PILON- pay in lieue of notice is them paying you your notice period on the 25th september and your employment finishes contemporaneously. PILON must be part of your contract, otherwise they are in breach of contract. It sounds like they are actually putting you on gardening leave

You should also be receiving statutory redundancy, and depending on your contract, you may be due enhanced redundancy.

https://www.linkedin.com/in/claire-thompson-274150... is my go to person for HR advice- very well recommended

[Countdown]

PugwasHDJ80 said:

you need to take advice as this doesn't sound right (I am an employer rather employee, but was made redundant before starting a business- I am most definintely not a lawyer)

PILON- pay in lieue of notice is them paying you your notice period on the 25th september and your employment finishes contemporaneously. PILON must be part of your contract, otherwise they are in breach of contract. It sounds like they are actually putting you on gardening leave

You should also be receiving statutory redundancy, and depending on your contract, you may be due enhanced redundancy.

https://www.linkedin.com/in/claire-thompson-274150... is my go to person for HR advice- very well recommended

The way I read it the OP's employment IS finishing contemporaneously. AFAICS he's not being asked to work his notice period and he's not being prevented from seeking other employment. Also the OP does seem to be getting redundancy pay. The issue seems to be that he wants furlough pay until end-October, then PILON.

[DOUGGRIFF]

Thanks for all of your replies and advice, much appreciated.
I now fully understand my position, which to be honest I didn’t to start with as it was very badly explained by my employer and it was a bit of a shock!!
Thanks again, best regards and keep safe

[page3]

A question. If one was in line for redundancy with a notice date of 30 Sept and a termination date of 30 Sept with notice paid in lieu, would it be appropriate to sign a furlough extension agreement for October?

[Pit Pony]

I'm not an employment lawyer.

When I last had a permie job I was made redundant after 18 months, so got zero redundancy.
Those that volunteered had their redundancy doubled, but had to work thier 3 months notice, whereas those like me who were "carefully" selected based on the subjective and objective point based system, got to go on the day the design was made, and they then paid us for another 3 months. I asked if instead they'd like to it in one instalment so that NIC could be avoided, but they insisted that was illegal.
I reckon it was a cash flow issue as they were making 7700 redundant world wide.
I went contracting within 3 weeks, but didn't draw a penny for 3 months as I was being paid already.

As an aside it has been the best thing that happened in my 30 year career. Not being a permie