Redundacy Help Needed :(

DragonHeart_2

Hi,

Hope someone can help or give advice, i was told yesterday that my store was to be closed within the next week, and redundacy was the last option as they wanted to keep me on, althou they verbally said what redundacy pay i would get etc ?

My question is, i was told thier are no vacanies in the area so thier is no where for me to go. If i am made to work my 12 weeks notice in another store, would my employer need to proivde me a letter saying this is my 12 weeks redundacy notice ? and stating that it will end at a set date ?

My fear is as they have been known to do this, is to fill you up with false hope and then tell you the next day (ie: at the end of the 12 weeks - but not actually saying it was your notice) sorry but goodbye, because im sure thier counting on me getting another job in those 12 weeks and not having to pay out my redundacy pay as i have been with the comapany for 12 years.

I just dont want to be used by the company as the least they can do is give me the dicency to treat me fairly. I just feel im stuck as i cant even apply for another job as i dont want to loose any redundacy owed to me.

Hope someone can give me a heads up on this please, any help or info would be grately appricated

sagalout1954

Sounds like they have started 'consultation', in that there isn't really much to consult on - the shop will shut and your post is redundant so you've been given advance warning of that.

As soon as the exact store closure date is finalised you should expect written notification that your position is to be made redundant and the exact date this will happen, it should state exactly how much your redundancy pay will be, what length of termination notice they are obliged to give you and when this notice period will end (ie your finish date with the company). Start requesting your letter now because I bet they already know exactly when the store is due to close.

Where did you get the "12 weeks" from by the way, is it in your Terms and Conditions? You should ask HR for a copy, and a copy of their redundancy policy if it's a separate document from your T&C's - so you can make sure they are following it!

Is it convenient for you to serve out your notice in the other shop, or unreasonable given travelling distance etc? (Not merely because you don't fancy it.) If not they cannot force you to work your notice there, they'll have to offer Pay in Lieu of Notice (PILON).

See here for more info under redundancy.
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/index.htm

DragonHeart_2

Thx for the reply,

The 12 weeks is as i have been with the company for over 12 years, and it states in the contract that my notice period is 12 weeks, which makes it hard to look for another job in the meantime.

bash67_2

Dragonheart, you say it makes it hard for you to look for other work. In view of the fact they have given you notification of your position being at risk, and you potentially facing redundancy, they have to allow you reasonable time off for interviews.

Start applying. If you get a letter to attend interview, take it to your current employer and explain you will need the time off to attend. That request would be considered reasonable and fair.

Also, you should ask your employer if they consider the initial meeting they have had with you to form the start of an official consultation period? It sounds as though they have, but, they should have sent you a letter detailing the fact that you were being invited to attend a consultation meeting, and also offering you the right to be accompanied by a colleague. A colleague can ask questions for you, but not answer questions on your behalf. Before that though, you should have had a letter or a meeting explaining the company position. They should not have informed you of the current situation and considered that meeting to be the start of any consultation.

A piece of advice. Take down dates and times of all events. Who told you what? When? In the presence of whom? Keep all correspondence. It may help you later!

sagalout1954

bash67 wrote: »

A piece of advice. Take down dates and times of all events. Who told you what? When? In the presence of whom? Keep all correspondence. It may help you later!

Excellent advice Bash67, someone told me that too when I first heard the word 'redundancy' applied to me - forgot to pass it on. I also got a copy of my T&C's and our company "Employment Stability Policy" - very useful given that employers seemed incapable of following it and I had to keep prodding.

I think OP means they can't apply for another job because they have 12 weeks notice to work, might require some patience from the prospective employer if OP isn't actually available for 3 months!

Pete111

Ok.

You need to seek immediate confirmation in writing that you are:

a) Redundant as of X date.
b) Currently working your statutory 12 weeks notice towards this date
c) Upon termination entitled to a further lump sum redundancy payment of 12 weeks pay maxed at £380 p/w (more if you are over 41 - check out the calculator on DirectGov). This should be paid tax and NI free.

They cannot rightfully assert you were working your notice without confirming the redundancy/notice etc in writing and as part of this, confirming a termination date . If they did not do this but then, in 3 months time, turned round and said ' sorry but today is your last day - you have been working your notice' then you would have a very strong case to claim 12 weeks additional Payment in leiu of notice as well as the redundancy pay and wages for teh 12 weeks worked.

Seek clarification in writing as a priority. In addition, you need to consider whether they have followed any redundancy process at all - especially if 20 or more people are affected. From what you write, this has been very cursory!!!

DragonHeart_2

Thankyou for the replys.

As of yet i still have had no formal letter from the employer, stating what is going to happen.

Also i heard a rumor they may offer me a position in the warehouse instead ? Im sorry but this is a big difference from my current position as i am a Store Manager, so i really dont want to be working in a warehouse.

If i am offered an alternitive position, and its not the same as im doing now do i have to take it ? as to be honest i would rather get my redundacy and leu notice and move on and try to start over.

Also my concern is i do have loans and CC like most, would my protection still cover me if they my employer said that well we did offer him alternative employment (althou its very different to what i am doing now)? I just dont want to be suck in a job that i dont really want to do, but on the otherhand i dont want to be redundant and face lots of unprotected bills....