How much redundancy

mike+caz

My hubby has got his redundancy interview tomorrow. They are making him redundant after 20yrs of working there.

I have a couple of questions I hope someone can answer.

He has been told that he will get a weeks pay for every year he has been there, however he has heard throught the grapevine that he is only getting the weeks pay based on the day shift rate and not on the night rate shift (they get extra for working nights). He has worked though permanent night for the last 20yrs.

Can they do that??

There are also only 3 people from the company being made redundant my hubby one of them because he has been off sick for the last nine months through a knee injury (which he did whilst in work) and he had to wait for surgery before he could return. Can they push him out like this - he has been told it is not voluntary but compulsary redundancy. Wording of the letter he had says "Dismissal from the company via way of redundancy"

It also looks like they will employ an agency to cover any extra work in the near future. Can they do that after they have made people redundant because they say there is less work?

I hope I have made things clear.

Thanks in advance

jazzyman01

Firstly they could get him to see occupational health and end up dismissing him for absence if they cannot redeploy him and he cannot return to his current role. For this he would get a max of 12 weeks notice pay. Alternatively they may give him notice and terminate at the end of 12 weeks paying whatever they are currently paying, which is likely to be nothing.

Redundancy should be based on what his basic pay is. If this includes a night shift payment as part of his basic wage, then he could argue that this is included. However, if he is going to get statutory redundancy pay then any payment is capped at £400 so anything he earns over that is not included.

Calculations are based on service and age. For any service under 21 he would get .5 of a week for each completed year of service. For service over the age of 21 but under 41 he would get 1 week for each completed year of service and 41 + it would be 1.5. The sum up to £30k would be tax free. On top of that, if they terminate immediately, he would be entitled to 12 weeks notice pay based on his normal weekly wage.

If the Company can show that it is a sporadic requirement and therefore does not require someone full time then yes, they can employ agency in the future. However, they cannot just dismiss by means of redundancy and then re-employ someone doing the same job. It is the job not the person redundant.

What your hubby will also have is a claim against the Company for his injury. Wait until this is sorted and then make the claim. Please note that your hubby's company might offer him enhanced payment if he signs a compromise agreement. This is okay as long as he does not sign away his right to claim for accidents and injury.

getmore4less

for statutory redundancy the weeks pay is defined and cuurently capped at £400pw

http://www.legislation.gov.uk/ukpga/1996/18/section/221

this would be the contractual payment due for normal hours which should include any night enhancements

For enhnaced redundancy I think an employer an use anything that is more than statutory.

mike+caz

jazzyman01 wrote: »

Firstly they could get him to see occupational health and end up dismissing him for absence if they cannot redeploy him and he cannot return to his current role. For this he would get a max of 12 weeks notice pay. Alternatively they may give him notice and terminate at the end of 12 weeks paying whatever they are currently paying, which is likely to be nothing.

Redundancy should be based on what his basic pay is. If this includes a night shift payment as part of his basic wage, then he could argue that this is included. However, if he is going to get statutory redundancy pay then any payment is capped at £400 so anything he earns over that is not included.

Calculations are based on service and age. For any service under 21 he would get .5 of a week for each completed year of service. For service over the age of 21 but under 41 he would get 1 week for each completed year of service and 41 + it would be 1.5. The sum up to £30k would be tax free. On top of that, if they terminate immediately, he would be entitled to 12 weeks notice pay based on his normal weekly wage.

If the Company can show that it is a sporadic requirement and therefore does not require someone full time then yes, they can employ agency in the future. However, they cannot just dismiss by means of redundancy and then re-employ someone doing the same job. It is the job not the person redundant.

What your hubby will also have is a claim against the Company for his injury. Wait until this is sorted and then make the claim. Please note that your hubby's company might offer him enhanced payment if he signs a compromise agreement. This is okay as long as he does not sign away his right to claim for accidents and injury.

Thanks you very much for the reply jazzyman01.

We at least know a little of what to expect tomorrow. Hubby has never been made redundant before (guess hes been lucky).

Now all we have to do is work out how to sign on. He's never been unemployed hes 46 and worked continuously since he was 16. (except of course for sick this time longest he's ever been off).

mike+caz

getmore4less wrote: »

for statutory redundancy the weeks pay is defined and cuurently capped at £400pw

http://www.legislation.gov.uk/ukpga/1996/18/section/221

this would be the contractual payment due for normal hours which should include any night enhancements

For enhnaced redundancy I think an employer an use anything that is more than statutory.

Thanks you so much getmore4less. New to all this having never been there before.

AnnaV

How did he hurt his knee? Does he have any evidence that it was at work (e.g. accident report etc)? I think with all these issues it could be worth you having having a chat with a solicitor- remember they often do an initial consultation for free.

Is he a member of a union?

mike+caz

AnnaV wrote: »

How did he hurt his knee? Does he have any evidence that it was at work (e.g. accident report etc)? I think with all these issues it could be worth you having having a chat with a solicitor- remember they often do an initial consultation for free.

Is he a member of a union?

He fell over a broken boot lace and fell knee first onto an iron gurder, he also suffered a cut head and a slight concusion. He did report it in the accident book and has seen the union solicitor. However the outcome was that it was just an accident and no one was to blame.

Thanks AnnaV