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  • FIRST POST
    • LynnRW
    • By LynnRW 4th Dec 17, 1:02 PM
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    LynnRW
    Redundancy Figures Given But Company Now Changed Them
    • #1
    • 4th Dec 17, 1:02 PM
    Redundancy Figures Given But Company Now Changed Them 4th Dec 17 at 1:02 PM
    The company has been making people redundant for a couple of years now and everyone who has left in this way, worked their notice period of 3 months, but then got a payment in their final settlement of 12 weeks in lieu of notice in addition to their redundancy payment.

    Colleagues who will be made redundant early next year were given their figures in writing which included 12 weeks in lieu of notice.

    The company have now decided that this payment should be withdrawn.

    Can they do this without notifying individuals in writing to say that the terms are changing?
Page 1
    • getmore4less
    • By getmore4less 4th Dec 17, 2:05 PM
    • 30,819 Posts
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    getmore4less
    • #2
    • 4th Dec 17, 2:05 PM
    • #2
    • 4th Dec 17, 2:05 PM
    most polices are discretionary unless the result of a collective agreement or other negotiations.

    A move from terminating with immediate effect with PILON to terminations with notice is something a company can choose.

    often the previous option is used because you can finish everyone on the same day which often in practice reduces the amount of time there is disruption.

    If you can gather enough evidence you might be able to try a custom and practice claim it can work but is not easy.

    Just because people got it is not enough evidence you need documented evidence that this was a know policy and multiple instances where this was communicated ideally to a lot(all is best) of people.

    What does the union say?
    • LynnRW
    • By LynnRW 4th Dec 17, 2:25 PM
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    LynnRW
    • #3
    • 4th Dec 17, 2:25 PM
    • #3
    • 4th Dec 17, 2:25 PM
    Thank you getmore4less.

    There is no union membership unfortunately.

    However there is a letter given by a former employee where it is stipulated that 12 weeks in lieu of notice will be paid with final payment. This letter is signed by the HR Manager and the employee.
    • k3lvc
    • By k3lvc 4th Dec 17, 3:27 PM
    • 1,947 Posts
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    k3lvc
    • #4
    • 4th Dec 17, 3:27 PM
    • #4
    • 4th Dec 17, 3:27 PM
    However there is a letter given by a former employee where it is stipulated that 12 weeks in lieu of notice will be paid with final payment. This letter is signed by the HR Manager and the employee.
    Originally posted by LynnRW

    And there will be 'policy' and individual agreements - as others have said you've not a leg to stand on unless you can start to show that this has traditionally been paid to all.


    Otherwise it's time to get their/your best negotiation head on
    • getmore4less
    • By getmore4less 4th Dec 17, 3:50 PM
    • 30,819 Posts
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    getmore4less
    • #5
    • 4th Dec 17, 3:50 PM
    • #5
    • 4th Dec 17, 3:50 PM
    Thank you getmore4less.

    There is no union membership unfortunately.

    However there is a letter given by a former employee where it is stipulated that 12 weeks in lieu of notice will be paid with final payment. This letter is signed by the HR Manager and the employee.
    Originally posted by LynnRW
    A few individual letters won't be enough.

    You need something like a memo/meeting for all employees where the package for that round of redundancies was made clear and have this information for multiple rounds.

    if packages were done on an individual basis during consultation not a chance.
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