A few questions about being made redundant!

babysproggits_2

Hi,

I currently work within the public sector and surprise surprise I am on my 90 day notice.

I have a few questions I need to clear up as my manager is less than helpful at all but then she gets to keep her job.

1: what is a consultation was we suppose to have one?
2: They have told me I have to hand in my diary (even though it has personal things in) is this right as I have been told by other people that I dont have to?
3: If I have applied for another job with the same primary care trust and get it (wont start until after I have been made redundant) do I have to pay back my redundancy pay?

Andy_L

1. I believe the NHS only has to give the legal minimum which is 90 days for 20+ redundancies

2. Quite possibly - if its a work diary & thus was provided by them has patient/business info in it. With the benefit of hindsight you shouldn't have put personal stuff in it as well

3. No, providing there is a 1 month plus break in service

getmore4less

Everyone is supposed to be consulted but this can be very short.

meeting 1. you are at risk this is why, go away and think about it
meeting 2, have you anything to say?
meeting 3. ternination notice.

The guidlines are 30 days for 20 + and 90 days for 100+ and this is just a guidline, the only rule is you canot terminaye before the time is up, consultation can finish before, but in practice runs till termination anyway.

[STRIKE]AIUI the termiantion can be immediate after the minimum consultation so notice can run along side the recomended consultation period[/STRIKE].

I was wrong they need to complete consultation before issueing notice but this does not have to be the full recomended time.

Have you actualy been given a termination date with all the payout details or just an at risk notice?

Any circumstances that result in having to pay back redundancy should also result in a continuity of service for any future redundancy.

plenty of guides on the web
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029835

here is one from an employers perspective of what they should be doing

http://www.acas.org.uk/index.aspx?articleid=747

MsHoarder

1: what is a consultation was we suppose to have one?
Consultation is only legally required if there are more than 20 employees at risk (30 days) or more than 100 (90 days). If there's just a few of you, they are advised to consult, but not required. So how many are at risk in your PCT?

2: They have told me I have to hand in my diary (even though it has personal things in) is this right as I have been told by other people that I dont have to?
They can tell you to hand in anything which they paid for. I'd get on with blanking anything personal out and putting it into your own diary (they're very cheap for 2011 now as we're in March).

3: If I have applied for another job with the same primary care trust and get it (wont start until after I have been made redundant) do I have to pay back my redundancy pay?
This depends on HR, but you could be liable for tax either way. Note that if you do pay back your redundancy pay, your continuous service is preserved, giving you all the legal and contractual benefits associated with it. If you don't pay it bank then you loose these benefits and also may lose the chance to be considered as an "at risk application" which are supposed to be given priority. If the delay is only a technical one (i.e. new contract signed but not due to start until a week after your notice ends) then you should be able to negotiate something with the managers. They are not required to do this though.

Pocoyo

Hi,

I am also a PCT employee waiting for the sword of Damocles to fall.

As far as consultation is concerned, they only have to consult with staff representatives, not all staff. This could be union reps or staff forum members.

babysproggits_2

I was given my 90 day notice christmas eve (the joys)

They asked me to fill out a termination form on Monday. I have been told that my NHS continuous service carries over even if made redundant (is a very strange way they work in the nhs)

There are 7 of us from our team that are being made redundant but I have no idea of the total loss as I know there are lots of teams that are going.

Good old government cutting child health completely ha ha!

getmore4less

Pocoyo wrote: »

Hi,

I am also a PCT employee waiting for the sword of Damocles to fall.

As far as consultation is concerned, they only have to consult with staff representatives, not all staff. This could be union reps or staff forum members.

Interstingly it has been found(at ET) that this is not sufficient in all cases, so it is advised that individual consultation also takes place.

Now can I find where I read this.

GrannyKate

Hi

I am a PCT Manager also looking at redundancy.

Please do not take the advice given to black out information in your diary. These are classified as legal records and can in some instances form part of a patient clinical record depending on the nature of your client group and contacts. It is an offence to alter any form of medical record.

PCT has a legal duty to keep these diaries and they are generally recalled at the end of each year and archived. For future reference limit personal information in your work diary to that which you do not mind being seen. Equally the diary should only be archived and not read or seen by anyone unless they have a legal need to do so.