Redundancy - Advice Pls - Ahhhhhhhh

muskoka

Relative was off sick last week via GP. Phoned last week by HR & told not to go to work until Monday afternoon as there was a redundancy meeting.
1) Relative has substantial outstanding annual leave accured. Does this have to be taken during 'garden leave' if that is what company offers relative?
2) Relative been employed over 2 yrs, so should be 2 weeks redundancy
3)Can Company just tell relative there & then your redundant & send them home
4) Can Company move someone from another office to do relative's job whilst making relative redundant? (Co has had it in for relative for many months)
5) Should relative refuse to sign anything at this redundancy meeting? Can Company refuse payment/s if relative refuses to sign anything?

Any other advice would be very welcome. Thank you

LeeSouthEast

1) doesn't have to be. Can be paid in lieu of using.
2) Correct (assuming relative over a certain age.. forget what)
3) Yes. Providing they pay out the notification period instead. Probably unlikely to do (lost productivity).
4) muh... no idea
5) Depends what it says. But refusal shouldn't affect payout necessarily.

Disclaimer: I'm not an employment law expert (or novice, for that matter). This is just what I've picked up over the last couple of months from DirectGov.

jazzyman01

1 - yes company can ask that they take holiday - but must give the appropriate notice.
2 - if all service is aged over 41 will get 1.5 weeks pay per completed year
3 - no - they have to have consultation even when less than 20 affected. If more than 20 jobs going then must be minimum of 30 days consultation and if more than 100 jobs then must be 90 days consultation.
4 - if the two organisations are going through redundancy and selecting based on two people doing same job and only one required then it would be fair. If, however, they are making the other persons role redundant and making your relative redundant to bump them into it, there would potentially be a claim for unfair selection.
5 - should not be asked to sign anything. This meeting should be to advise why he/she is at risk and what they are going to do. They may also advise of the redundancy payment and if they are going to pay notice in lieu.

dickydonkin

muskoka wrote: »

Relative was off sick last week via GP. Phoned last week by HR & told not to go to work until Monday afternoon as there was a redundancy meeting.
1) Relative has substantial outstanding annual leave accured. Does this have to be taken during 'garden leave' if that is what company offers relative?
2) Relative been employed over 2 yrs, so should be 2 weeks redundancy
3)Can Company just tell relative there & then your redundant & send them home
4) Can Company move someone from another office to do relative's job whilst making relative redundant? (Co has had it in for relative for many months)
5) Should relative refuse to sign anything at this redundancy meeting? Can Company refuse payment/s if relative refuses to sign anything?

Any other advice would be very welcome. Thank you

1) NO - The garden leave was stipulated by the company and your relative had no choice in the matter. He must be paid his normal salary during garden leave and depending on how long the garden leave is - he will STILL be accruing holiday credits as he is still technically employed by the company until he has been given confirmation of his termination of employment.
The company MUST provide a breakdown of entitlements and will include any outstanding accrued holiday payments. The employer can request the affected worker on garden leave to return to work at any time during this period.

2) As long as two COMPLETE years of service has been fulfilled, then statutory redundancy will be paid - 1 week for every complete years service up to a maximum of £380.00pw (1 week X 1.5 for employers over 41 and 0.5 of salary under 22).

3) I suspect that he has not been told 'there and then' he is redundant. I believe he has been provisionally selected for redundancy as per the companies redundancy procedure and the consultation period is now ongoing, however, without the full facts, that would need to be established.

Only when he has had written confirmation of termination of employment by reason of redundancy will he officially be deemed as redundant, however, the decision can be appealed against within a certain time frame - usually 5 days.

4) This is a strange one. What you are implying is that the job still exists and not 'redundant'. If that is the case, then potentially, there could be reasons for unfair dismissal as the job has not been made redundant. This is compounded by the fact someone from another department has been deployed to do relatives job. Without the full facts, it is difficult to establish the true situation.

5) Before signing anything it is prudent to understand what you are signing. If you do not understand - do not sign. I suspect the document is outlining the details for the reason for redundancy and ongoing processes such as explaining the consultation programme etc.
That is what consultations are for - get the company to explain in detail what you are signing - again, if you don't understand - don't sign, although I suspect the document is innocuous.
Get it checked anyway, but, by not signing should not preclude the company from fulfilling its legal obligations in respect of redundancy payments etc.

Good Luck!