Valid "Notice" of Redundancy? Opinions required please

kernowayr

See update above (OP #1 #2 & #3 refers) - latest developments - defo. not a "reasonable offer" IMHO - was barely "reasonable" before - and still not in writing yet (but I have been promised something by tomorrow!).

CFC

ceridwen wrote: »

I would suggest that a very different location for ones employment (or you get made redundant) is "alternative employment" - same job but different location - hence NOT the exact job/location one contracted to in the first place.

<goes off thinking "maybe my education was lacking in some respects - I obviously dipped out on the lesson on how to be rude....would have come in handy on MSE sometimes.....>

Ceridwen, you mean well but you really have no idea of the employment laws that you offer opinions on. I have said similar things to you before but more tactfully, which appear to have been ignored. As you so much want to help and obviously have heart in right place, I think it's a shame that you couldn't do a CAB course or similar, I think you'd be a great asset to a CAB.

CFC

kernowayr wrote: »

Relocation is over 40 mles away and approx. 5 miles from nearest useful public transport for most of us so we need to drive/have a car available to keep our jobs basically and lose c. £3K in petrol and sundy expenses we don't currently have every year from now on. There has been no offer of £ financial compensation if we take the relocate option.

UPDATE: Further conversation with employer today - original offer has changed from F/T (same job/same money) to P/T (same job/same rate/21hrs -vs- current 35 Hrs) - still new location = 40+ miles from existing office, rural location, no public transport etc.

Have preliminary said "not interested" but "want a letter" - employer not happy about giving such a thing (or paying in lieu of stat. notice for period beyond physical move) but has, reluctantly, agreed to give me something in writing tomorrow. Will keep you posted.

You need to advise what your letter says. Your letter should advise you that you are at risk of redundancy. However this will depend on the timings - the consultation period may not yet have formally begun - they will time this according to when they want to close the current operation down.

How long have you worked for this employer? It sounds as if you can apply for a part time role if you want one - otherwise stat. redundancy pay is in order if you qualify for it. If you do not qualify, then you will only get stat. notice period.

You have the right to a redundancy payment if you are an employee who has worked continuously for your employer for at least two years and you are being made redundant. You do not have to claim redundancy pay from your employer, they should automatically pay it to you. If your employer does not give you redundancy pay when you are entitled to it you should write to them asking for payment. If your employer still refuses to pay you or cannot make the payment you could make an appeal to an Employment Tribunal.

As well as a redundancy payment, your employer should pay you through your notice period, or payment in lieu of notice depending on your circumstances. Pay in lieu of notice is money paid to you by your employer as an alternative to being given your full notice. Details of the notice period will be in your contract.

kernowayr

Thanks to CFC for response #14 above.

Now have letter from Employer which says (a) more than expected and (b) probably more than it needs to say and quite a bit that could be challenged on a procedural basis.

Letter is combination of "offer" of alternative employment - P/T over 3 days at same rate as current F/T rate over 5 days and service of "notice" of redundancy if that offer not acceptable.

Employer still refers to previous verbal informal conversations as "meetings" and seems to unilaterally want to set the date the stat. notice period of 9 weeks (which she admits is due) starts and expires - this is several weeks prior to the date of her letter. There has been no previous communication in writing either putting me "at risk" of redundancy nor "confirming it".

This is my main outstanding gripe about my situation as, clearly, an offer of 21 Hrs at a 40% salary reduction on top of an 80-mile daily commute I don't currently have is not acceptable to me or, I imagine, anyone else in their right mind as "suitable alternative employment". She is also now saying that had I accepted her original (vague) verbal offer of same hours, same money at new location when originally offered she would have honoured that arrangement but now expects me to take this new P/T offer after telling me how hard up she is at the moment (the main reason for the P/T offer allegedly). She surely can't have it all ways in her favour and I would have a valid claim that her redundancy process is largely a sham where I am concerned should it come to a formal dispute at an ET?

CFC

In a nutshell:

What information must an employer provide?

At the start of the consultation, you must provide written details of:

• the reasons for redundancies
• the numbers and categories of employees involved
• the numbers of employees in these categories employed at the establishment
• how you plan to select employees for redundancy
• how you will carry out redundancies
• how you will work out redundancy payments

Consultation does not have to end in agreement, but it must be properly carried out with a view to reaching agreement ie a meaningful consultation in so far as possible.
Individual redundancy consultation

You should consult employees individually regardless of the number you plan to make redundant.
If you fail to do so, any subsequent dismissals may be unfair.