Voluntary redundancies-what next+what rights please?

buel

Hi there,
Yesterday 15 minutes before the end of our working week (we recently moved on to a 4 day week/reduced hours) we were told that there was to be redundancies as from next week but firstly they (our employers) were asking for voluntary redundancies.
My questions are-
1, I have been with my employer for 3 and a half years, please can anyone tell me how much notice they would have to give me if i were to be made redundant?
2, Would i just get a minimum of 3 weeks pay and any payment for any holidays that i have accrued?
3, If i were to be made redundant would i automatically see the criteria used or would i have to request this?

Thank you in advance!!

getmore4less

First thing is to get the terms on offer for the voluntry case, unless they are greatly enhanced why bother.

What notice is in the contract that may be more than the statutory.

jazzyman01

Getmore4less is correct, find out the terms of the voluntary redundancy. If compulsory then you would be entitled to minimum 3 weeks pay (if more than £380 per week then it can be capped at £380) as a redundancy payment. Tax is not deducted.

You may be required to work notice, therefore you would either work 3 weeks or whatever is in your contract - whichever is the greater. This is your normal pay and tax is deductable. Some payments in lieu of notice may be made without tax - but this is usually when the contract is silent in regard to PILON.

Your Company should formally advise that they are in consultation. If less than 20 posts to go there is no set period. Between 20 and 99 then the consultation period is 30 days. More than 100 consultation is 90 days. The Company will be in breach of the law if they try and give notice of compulsory termination dates during the consultation period.

Volunteers may be allowed to leave earlier.

buel

Hi and thank you for the posts!
Ok, well we weren't actually given the terms, we just had our team leader go around us all (43 of us) and ask us if we wanted voluntary redundancy to which a few of us said they would like to see what offer...so they will get the 'offer' early next week!

your Company should formally advise that they are in consultation. If less than 20 posts to go there is no set period.

Do you mean that they would have to put it in writing that there is going to be redundancies? (By the way, apparently there are 25 posts to go- not yet official though)

Oh and in our company handbook it says regarding 'Reduction of hours and short time working':
If there is a temporary shortage of work for any reason the Company will try to maintain your continuity of employment , but the company reserves the right to reduce working hours or lay-off without pay for all staff if business needs dictate. All statutory rights will apply.

Does this sound correct please?

buel

Hello, anyone please?

carolissosmiley_2

They have to have a consulatation period of 30 days (if less than 100 workers) and they have to in that time tell you what the criteria for redundancies are and what the vr package would be as well as compulsary.

They have to be very careful how they do this whole process and they must inform you all officially that this is going to happen. I've done this twice and it's horrible, I don't envy you one bit but there is lots of help out there, we spoke to CAB who were brilliant.

Best of luck

buel

Hi and thank you so much for your kind words and advice!
Well this company have a habit of always doing things the wrong way without seemingly having taken any advice themselves! So i take it they must always tell the employees how many posts/people are to go too?

buel

Hi,
In the hope of answering my own question regarding does my employer have to tell me how many posts are being made redundant, i came across this bit of info:
What information must you provide?

At the start of the consultation, you must provide written details of:

• the reasons for redundancies
• the numbers and categories of employees involved
• the numbers of employees in these categories employed at the establishment
• how you plan to select employees for redundancy
• how you will carry out redundancies
• how you will work out redundancy payments

The above was taken from here:
http://www.businesslink.gov.uk/bdotg/action/detail?r.s=sc&r.l1=1073858787&r.lc=en&r.l3=1074019927&r.l2=1084823152&type=RESOURCES&itemId=1073792401

So am i right in thinking that they DO have to tell me how many posts are to go? (Just to verify for me as i do miss things a lot of the time!)

buel

Hi again, just to bump!:o

crazygal27

Hi Buel. The short answer is that they have to tell someone that info but it will depend if you have a union / employee reps.

If you do then the company will need to supply them with the details that you refer to. Best practice would then be for minutes of the consultation meeting and FAQs to be distributed so everyone can be informed of the company's intention.

If they have no collective consultation then the company should either go through an election process to have representatives selected or will have to consult with everyone individually. If they consult individually then you have the right to personally be provided with the information you have listed.

buel

Thank you so much for that help!!
There is no rep amongst us so i suppose they will tell us individually like they did with the offer of voluntary redundancy! We will see.....!