Questions about potential job loss

Person_one

Sorry for the double post with the redundancy board, but I'm stressing out a bit and would like to hear from as many people as possible!

I work for a small organization and its pretty impossible to keep anything secret! I have been made aware that I will probably not have a job here beyond the end of the financial year, I am the only person who performs my role and there are no plans to hire anyone else to take over, they will probably outsource what I do.

Does this count as a redundancy? Would I be entitled to the statutory redundancy payout? This would be less than £1000 but would cover my mortgage for a couple of months!

Also, what period of notice do they have to give me? A co-worker thinks 3 months but if that's the case then they're already too late to have me out by the end of March.

Thanks for any help.

robredz

I would have thought they would have to give you a 90 day notice and put your job "at risk" of redundancy, others will know much more on the redundancy forum imho.

Lady007

Most definately a redundancy situation especially as there are no plans to fill your post. Remember it is a post that is made redundant not a person! Notice depends on whats in your contract. As there is only your post being made redundant then they only have you to consult with. 90 days does not come into it unfortunately.

Savvy_Sue

Doesn't the amount of redundancy payment depend how long you've been in post?

Anihilator

Savvy_Sue wrote: »

Doesn't the amount of redundancy payment depend how long you've been in post?

As does the notice with statutory redundancy

If its a small organisation it may not need to worry about consultancy etc and can just give you the notice.

purplepardalis

If your job is to be outsourced then you are probably covered under TUPE

Whether this means anything in the long run is debatable but please look this up

Anihilator

purplepardalis wrote: »

If your job is to be outsourced then you are probably covered under TUPE

Whether this means anything in the long run is debatable but please look this up

Unlikely.

The company most likely have a full time say Finance, HR, legal person etc and have decided they dont need this and will source in the labour in future as required.

purplepardalis

Anihilator wrote: »

Unlikely.

The company most likely have a full time say Finance, HR, legal person etc and have decided they dont need this and will source in the labour in future as required.

The OP said their role will be outsourced. It is good advice to research TUPE and find out if the role outsourcing comes under these regulations. If one whole person does it as a full time job then it is reasonable to assume that another person from the outsourcing company will do it as well. They will be obliged to take over this person's employment.

Whether it is practical for them to carry on doing this role is another matter, they may put them at risk of redundancy after taking over their employment but he/she cannot be made redundant by the original employer before this.

Anihilator

purplepardalis wrote: »

The OP said their role will be outsourced. It is good advice to research TUPE and find out if the role outsourcing comes under these regulations. If one whole person does it as a full time job then it is reasonable to assume that another person from the outsourcing company will do it as well. They will be obliged to take over this person's employment.

Whether it is practical for them to carry on doing this role is another matter, they may put them at risk of redundancy after taking over their employment but he/she cannot be made redundant by the original employer before this.

How exactly?

Its far more reasonable to assume that the role doesnt need a full time employee and hence they are hiring in the skills as required.

I can almost guarentee that if the OP gives us the full details redundancy will be entirely legal and justified here

purplepardalis

Well, we don't know the situation and I'm not about to start arguing with you. I have worked for an outsourcing company and been outsourced myself (and have 8 years experience working in law firms including my current role) so I know what I'm talking about.

OP - familiarise yourself with TUPE to make sure you are treated fairly and according to employment law

Person_one

Anihilator wrote: »

How exactly?

Its far more reasonable to assume that the role doesnt need a full time employee and hence they are hiring in the skills as required.

I can almost guarentee that if the OP gives us the full details redundancy will be entirely legal and justified here

This is it exactly. Although after I've been gone a while I think they might be surprised about how much they're giving to outside agencies!

I'll have a look at the TUPE thing, but have spoken to ACAS and the person on the helpline seemed fairly confident that it would be a redundancy situation, the problem will be convincing my employers to fulfil their obligations! I don't have a contract and have only been there just over two years so the statutory payment wouldn't be huge but would cover my mortgage for a couple of months which wouldn't hurt!