Made Redundant Today

Paul38a

Hi

I have just been told by a director of the company this morning that they are restructuring the business and that they are closing some offices and mine is one of them. Apparently they start the consultation process from Friday and that there will be only a few roles I can apply for.

I would be grateful if someone can tell me if they can close the office immediately from Friday onwards or do they have to wait 30 days before they can do that.

I am on 3 months notice, so I assume they have to pay me 3 months money and no redundancy as I only joined the company in October.

Many thanks Paul

nimbo

I don’t think they have to give you three months notice (or the money) – I work for the NHS and the notice for redundancy is one week for each year you have worked for you current employer, rather that the notice required in you contract for handing in your notice.

jazzyman01

If your contract states that you are on 3 months notice then they will have to pay you that. Just double check your contract to see if that applies immediately as many don't kick in until after probation or 6 months.

You are right in regard to the fact you will not qualify for redundancy payment.

It also seems that they have made up their mind without consultation! Did they actually state they were likely to close, subject to the consultation?

Gordon_Hose

They can close the office when they want, but they'll have to pay you PILON (payment in lieu of notice). Or they can close the office when everyone's notice period is up and you'll get paid as normal and released at the end of your notice.

I don't understand why they'd tell you that consultation starts on Friday then close the office the same day. Depending on the amount of people being made redundant you'll have no consultation period, 30 days or 90 days.

As you've been there less than 2 years you won't get a redundancy payment.

nimbo

Redundancy notice periods

If your employer has selected you for redundancy you must be given a notice period before your employment ends. The statutory redundancy notice periods are:

• at least one week’s notice if you have been employed between one month and two years
• one week’s notice for each year if employed between two and 12 years
• 12 weeks’ notice if employed for 12 years or more

However, you should also check your contract of employment because your employer could have set out longer notice periods.
Payment in lieu of notice

In some cases your employer may have included a payment in lieu of notice clause in your employment contract. This means that your employer can end your employment contract with no notice, however they must give you payment for all of the pay you would have received during the notice period. This covers basic pay and may include other matters such as the equivalent amount of pension contribution or private health care insurance. Source Direct Gov...

unless you contract states that the notice is for redundancy purposes then i imagine they will give you the statutory notice above... we went through the process in July - November of last year and are going through it again, and the notice that we would be required to give if resigning is up to three months, however we only get one weeks notice for each year we have been here up to a maximum of 12 when they make us redundant.

the length of the consultation depends on the number of people being made redundant. less than 20, and no consultation is required....

snoopytweety

Just bear in mind though that although all of the above is correct, that if they are offering you the opportunity to apply for other roles (even at other locations) that your notice would likely start even though you don't know the outcome of those. If they offer you one of the alternative roles that is lower paid - I think your salary should be protected (but frozen until it meets the correct salary through cost of living increases etc).

Paul38a

Hi

Thanks for the messages. They informed all staff yesterday that were affected and then start the period of consultation on Friday that apparently can last a few days up to a maximum of 30 days as they are getting rid of about 25 people.

There are a few jobs that one can apply for but they are in locations that are not local that are not that good.

So I am now waiting to see how quick they close the office and whether it can happen next week or whether it will take longer than that to organise.

Many thanks

starjumper

Hi Paul,

Sorry to hear your news, must be a big shock, it was for me 6 years ago. In the long run you may look back and see they did you a favour (I did) but right now please have a look at your cv and give it a makeover and start hammering the internet for jobs, sign up to a few agencies if you can and then have a look at what benefits you could claim.

Good luck x

getmore4less

Paul38a wrote: »

Hi

Thanks for the messages. They informed all staff yesterday that were affected and then start the period of consultation on Friday that apparently can last a few days up to a maximum of 30 days as they are getting rid of about 25 people.

There are a few jobs that one can apply for but they are in locations that are not local that are not that good.

So I am now waiting to see how quick they close the office and whether it can happen next week or whether it will take longer than that to organise.

Many thanks

SOme peole are wrong,

Statutory notice or contractual if longer applies so you get three months notice.

There is no right to pay protection so ignore that.


Office closure is automatic potential redundancy.
They could close immediately but would have to continue paying you

The key here is the consultancy and the 25 people affected.

This requires 30 days consultation before the first termination.
So no one should be termianted before the 30 days are up.

Not the maximum is not upto 30 days it can go on for longer if there are still things to consult over.

They should justify their close and give you all a chace to respond.

They also need to let you elect reps if you don't have them allready.

Ask about that they may have missed that part and that could lead to claims.

Notice starts when the they issue the termination notice they can not back date these.

Check all the jobs available for suitablity not just the ones they say you can, watch out for something being really suitable and them trying to make you do it(not a problem if you want the job)

Any mobility clauses in the contract, they can use these to get you to move to other offices, but not totaly unreasonably(case by case).

If there are any other offices close(close enough so they could argue that location alone would not make the job unsuitable) then you could argue that anyone at that office that does the sam job should be pooled with you.

Give it a few days to seee where this is going, no point in elaborating to much yet they may turn out to be fairly ok bout it.

Get the packages on the table ASAP so you can check they are OK and look for negotiations.

getmore4less

nimbo wrote: »

Redundancy notice periods

If your employer has selected you for redundancy you must be given a notice period before your employment ends. The statutory redundancy notice periods are:

• at least one week’s notice if you have been employed between one month and two years
• one week’s notice for each year if employed between two and 12 years
• 12 weeks’ notice if employed for 12 years or more

However, you should also check your contract of employment because your employer could have set out longer notice periods.
Payment in lieu of notice

In some cases your employer may have included a payment in lieu of notice clause in your employment contract. This means that your employer can end your employment contract with no notice, however they must give you payment for all of the pay you would have received during the notice period. This covers basic pay and may include other matters such as the equivalent amount of pension contribution or private health care insurance. Source Direct Gov...

unless you contract states that the notice is for redundancy purposes then i imagine they will give you the statutory notice above... we went through the process in July - November of last year and are going through it again, and the notice that we would be required to give if resigning is up to three months, however we only get one weeks notice for each year we have been here up to a maximum of 12 when they make us redundant.

the length of the consultation depends on the number of people being made redundant. less than 20, and no consultation is required....

The OP allready said they had 3 month in the contract that applies to all fair dismisals which includes redundancy it does not have to be mentioned seperately.


If your employer had more than statutory notice in your contract then they stitched you up if they paid less.
You should try to avoid contracts where you have to give more notice than the employer has to give you.

(If you need to discuss this futher for your case start a new thread)