Question on statutory redundancy and poss new job..

KazzaBird_2

Hi everyone,

I hope that you don't mind me asking a question on here as I am more of a lurker than a poster!

In April of this year myself along with 10 others got a termination of assignment. We were all contract staff through an agency all of us there for 8+ years in the same job and given until this Friday to finish the assignment (erk that has gone quick!). After this date if the agency don't find us anything by 28 days after this date then we can apply for statutory redundancy via them. I understand this is right as we are classed as lay offs.

I have a question as I have been extremely fortunate and may have secured a new job role to start on 10th August (verbal acceptance at the mo, waiting for contract) outside of my agency. I haven't told the agency yet as to be honest they are pretty useless (I won't bore you) and I would just like to verify if I can start my new job but still claim my statutory redundancy pay? I am not being greedy at all and will be phoning ACAS/Job Centre tomorrow as my assumption is no. I just thought I would ask on the off chance anyone might have been in this situation or if anyone knew.

Thanks for any advice in advance I appreciate it.

londondulwich

A redundancy payment is a reward for past service. It is a thank you for your efforts.

The good fortune and leg work you have put into finding new employment do not have any bearing on a redundancy payment.

KazzaBird_2

Thanks for your advice, I have to say I have gone for some internal interviews with them today and I have one tomorrow (I don;t want to but they insisted so I can get my redundancy money!). I am not telling them yet that I have another job I am hoping that these interviews come to nothing....
I know that sounds ungrateful in the current climate, I promise I am not. It's just this morning when I was due to go for an interview the agency didn't actually even remember that I was still working on site until Friday with them and rang me asking if I was going to meet them at main reception so they could badge me in :rotfl:

londondulwich

If you refuse an offer of suitable alternative work then you are not redundant. You have resigned.

Alternative work should reflect the same sort of conditions as your previous job. This means the same sort of remuneration, perks and security of position within a reasonable travelling distance.

You do not have to accept a job which is paid on an hourly basis, the hours of which are subject to demand, a demand which may or may not manifest sometime in the future.

getmore4less

I would not tell them and try to negotiate a new start date.

This would be the normal recommendation when under notice.

If you are in a layoff situation, I would have a read of the on-line material to see if you can leave early and still get paid here are two to start you off
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10026693
http://www.acas.org.uk/index.aspx?articleid=814

do you have any notice in the contracts with the agency and more importantly a layoff clause without pay. Check if you are eligible for JSA.

KazzaBird_2

Thanks for your advice I did have a good read.

Although the redundancy is good (been here 8 years) at the same time a regular job is overall better. Tbh they are sending me for jobs that are very much under what I am being paid now and have told me I cannot use the money excuse as a reason for not accepting it.

I am going to cut my losses I think and get my P45 as soon as I get a contract to sign for a new job.