[Closed] Redundancy payout advice

unfortunately unless there is a 30day(i think) break in service you aren't entitled to the redundancy if you stay with the company. will check the exact length of break later (have the cromer employment law CD set at home)

i say **** them off! go see where your path leads

Cake and Eat It - WTF? And what makes you believe you may be entitled to any form of redundancy payout if the company have found you another suitable role, rather than making your redundant?

Does the new position they've offered have a probation period? You sure they aren't trying to screw you over?

If you stay them you get no payout. End of.

Organise a meeting with HR and find out why they made you redundant but now want you to stay. Say you feel a bit uncertain of your future with the company etc from conversation we have had it seems that they laid off the wrong guy without explaination, perhaps they should explain themselves.

If you get this other job it may well be a good time to move on. Then take it to law and get a hefty cheque.

Just be careful they sound very iffy to me.

Seems a bit greedy to me, you either work there or you leave and you get the money.

GJP - The role isn't suitable and its not being offered. Its not about having my cake and eating it - its about fair play and them ruining my Xmas and faith in being loyal to a company.

Jedi - I'm thinking the same.

Fuzzy - I think they know they've ****ed up big time and are trying to avoid any nastyness.

Joolsburger - Things are looking very positive - had some good meetings and discussions so I'm tempted to use the interview as practice and walk away. We'll have to see what happens.

Gonna ride to clear my head on this one - its a B - E - A - U - tiful day!!!

I think you'd have to claim unfair redundancy rather than unfair dismissal

But I can't see how you'd succeed - if they have made an error, they seem to be correcting it now

I also can't see how you expect to be paid redundancy pay & keep a job there

Another vote as per Jedi - they sound crap and as you say, it sounds like they're trying to avoid you taking them to tribunal by offering another role.

You definitely won't get any redundancy money if you take the job they're offering.

I think like all people who have longevity in a role you are a bit dubious of moving on but your good at what you do so now's the time.

My take is, your cards been marked so I wouldn't stay unless there were no options.

I think you're entitled to request a 4-week 'trial period' in the new job, during which either party can say 'thanks, but no thanks' and agreed payouts are made. But you need to have your position agreed before entering the trial period, and then be specific with your employer that you want the right to the trial period.

At the end of the 4 weeks, if you're both happy, you keep the job on whatever terms its on, if not you leave and take the cash.

More details [url= http://www.adviceguide.org.uk/index/your_money/employment/redundancy___an_introduction/redundancy___procedures_your_employer_must_follow.htm ]here[/url], in the section 'Trying out an alternative job'

Nick

Bushwacked, have a look at the ACAS site on the web. I am not an expert on this I have to say, but I have just been through this myself. Your company should try to offer a similar post as an alternative to being redundant. Alternative means similar status, pay, terms and conditions. You are not obliged to accept just any job they offer. Following your thread posts, from a client manager to an offer of an office based support or something is not a suitable alternative.

There is a probationary period if you accept, so even if it doesnt work out you can walk away and keep your redundancy cash. That I believe, is the law. If after the probationary period you keep going then again, I believe normal T&C apply. Be careful with the contract if it changes and doesnt reference your existing period of employment.

On the other hand, if they have admitted bungling it (email trail?) and you want to go, its more ammo at the tribunal.

Look here: http://www.acas.org.uk/index.aspx?articleid=1611
and: http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/index.htm

I found the ACAS help line invaluable but the best I found was to do my research and go into discussions well informed and confident.

Good luck

[i]Bushwacked - Premier Member
GJP - The role isn't suitable and its not being offered. Its not about having my cake and eating it - its about fair play and them ruining my Xmas and faith in being loyal to a company.[/i]

If the role is not suitable then it all seems rather academic. The point I believe several of us have made is that it is one option or the other and not both. A company can either choose to make your position redundant or provide you with an opportunity to take on another suitable role.

unfortunately unless there is a 30day(i think) break in service you aren't entitled to the redundancy if you stay with the company. will check the exact length of break later (have the cromer employment law CD set at home)

the employer is under a duty to avoid compulsory redundancies which would include the offering of suitable alternative employment.

whether an alternative post is 'suitable' is very subjective and if you are thinking of declining the offer I would advise seeking professional advice - if you are found to have rejected a suitable post you are not entitled to a redundancy payments.

To recieve a redundancy payment your employemnt relationship must come to an end. Accoridngly if you accept any continuing employment you are not technically redundant.

If you are not sure about the new post there is ability (for both sides) to have a trial period. I woudl uggest that this is documented before commencement in the role in order to protect enetltlement to a redundacy payment.

The above provisions also apply for 28 days after the termination date i.e. if you start a job with the same or an associated employer with 28 days you are not redundant.

Similar thing happened to me, after taking redundancy because my post was removed they changed their minds and offered me the chance to stay.

I said no, took the payout and things have only got better since.

If you're not certain of a new job yet, why not string them along a bit though. Tell them you have to consider your options.

whether an alternative post is 'suitable' is very subjective and if you are thinking of declining the offer I would advise seeking professional advice - if you are found to have rejected a suitable post you are not entitled to a redundancy payments.

This is the bit you need to watch out for. If they are already expecting you to go to tribunal because of the "saga" then they may be offering this position to put them in a favourable position at tribunal. If you turn it down you need to be able to show that the alternative is "unsuitable".
In reality they may just be going through the motions.

I'd suggest you get some proper advice

They may be trying to look good for the tribunal or they may be pulling some sort of a fast one. I'd suggest you don't turn it down but state your concerns that this doesn't appear to be a comparable post - maybe ask for thier comments on that, and why they've never suggested a move like this for you before now. Seek time to consider what might be a major change in your role at the company

I'd just like to add, they are not offering me this job.

I have to apply and go through an interview etc.

I understand from speaking to ACAS previously that this is different to saying "here's this role" and even my HR have said I still get the money even if I get offered if and don't accept it.

but they way they are rushing it through I get the impression that I am going to be offered it. They know my skills and abilities, the director recruiting for it has said he is shocked that the business is getting rid of me and can't understand the logic behind it and the fact the HR director has contacted me saying this is being rushed through makes it all look very suspicious.

My wife is telling me just to walk away from them and take the money.

As stated above you should be entitled to a trial period. The key thing is that you are being invited to apply for a job not being offered an alternative position. If I was you I would ask them to quantify why they think that the role is commensurate with your current position.

If you want to wind them up say that you are scoring the position against your old one and will make a decision based upon how closely it matches your old job. Like their selction of your role for redundancy you will be fair and objective about the process!

Walk, take the money and buy a new bike 🙄

Goz - the temptation is very strong especially how I feel about the company.

Tyke - LOL at Scoring!

So having followed your other posts - and bearing in mind I have no expertise to offer on this whatsoever 😯 - I would say follow your instincts. This company does not sound like one you want to be working for in the long term. Change is scary, trust me I'm an expert fence sitter, but keep going, make sure you get the max payout you can and set sail for something new. Sure it's gonna be uncomfortable, but the energy and lift you'll get from seeing the back of those ****ers... shouldn't be underestimated. 😀