Voluntary redundancy help........

help09

Ive just been told my company is looking to close the store i work in and I would like some info on what I can request, so it works out better for me. Ive been off sick with depression and anxiety for 11 months caused by a bullying line manager, who also started disicplinary procedings towards me (before leaving the company), which the company is waiting for me to return to follow through. I am not guilty of the alligations but dont have the strength to fight my case. Ive also been to a solicitor and the short storey is it would cause me financal difficulties and further emotional stress to take it to court. I was on company sick pay then went on to SSP for July/August, Im now not receiving any wage so applying for benifits. What I would like to know is can I ask for voluntary redundancy ( i know I will not receive a payout as not worked the last 12 weeks, even though ive been with the company 9 years) and a reference? Would I also be entitled to anyout standing holiday pay? Any help greatly appreciated.

help09

please...... anyone?

Rockporkchop

I would just sit tight and wait and see what happens. If your company are closing the store down then they might make all the employees redundant, including you. I think that your redundancy pay would be based on your entire service, not just the last 12 weeks, so you should be entitled to a payout. Maybe check with your lawyer to make sure.

If you ask for voluntary redundancy and get it then I don't think you will be able to claim benefits for some time.

help09

thank you for your help. Its just been a nightmare anyway and this Im seeing as some sort of closure but just not sure If I should ask for voluntary redundancy before they make a decision.

Pete111

You are still an employee so you should still be eligible for redundancy pay for your entire length of service given you have been there for over 2 years. You have run out of company sick pay but that does not negate your employment rights (as long as your absence is properly certified by a DR)

It is your call whether you ask for VR but as RPC says, you may want to wait and see if the closure does come to pass.

P

zzzLazyDaisy

I know this is a stressful and difficult time for you, but from what you say, your best bet is to sit tight and see what happens.

If your employer closes the workplace, that is a redundancy situation, and you will be entitled to certain payments, which you may not get if you leave of your own accord, or ask for VR. Also, as someone else said, leaving of your own free will could affect your benefits.

For the purposes of calculating redundancy pay, your weekly wage is the wage you are entitled to under your contract, not the money you have actually earned over the past weeks (unless you are on a flexible contract or zero hours contract under which they have no duty to offer you work and you have no obligation to come into work, but that is unusual).

Provided your notice period does not exceed statutory notice (one week for each complete year of service) then the employer is required to restore you to full pay for the duration of your notice period - but only if they give you notice, not if you hand in your notice and resign.

You may also be entitled to unpaid holiday pay, even though you have been off sick (this depends on how many holidays you get, and what it says in your contract).

If you have any questions you can phone ACAS (number in the phone book or on the internet). They give free impartial information about employment issues, and will be able to talk you through the process.

help09

thank you for your responces....... it seems I will just have to wait and hope my situation finally comes to some sort of closure, I just hope it is in my favour and it does not add to my stress.