Voluntery Redundency 90 days notice

Dinesh_Sharma

I have been employed by Local Authority from August 1985 (25 years of local government continued service) and I am 52 years of age. I have been off sick since 6th October 2010 and now on half pay. I applied for ill health retirement / voluntary redundancy (VR).

Local Authority agreed to accept my formal request of VR and asked me to sign and return a letter which I signed and returned on 23rd February 2011. On 16th March 2011 I received an email stating:-

“I am aware that you have confirmed your acceptance of voluntary redundancy by signing and returning the letter sent to you. I am writing to inform you that regrettably there has been a delay in the process.

Following legal advice, I am unable to issue you with a notice of redundancy until the statutory notice commencing the 90 day period of consultation with Trade Unions regarding redundancy (Section 188) has been issued.

Once this notice has been issued, and the trade unions have been consulted, I will be in a position to issue a formal notice of redundancy, with appropriate notice. I expect to be able to issue the formal notice of redundancy tentatively by 1st week of April. If there are any further delays, I will keep you informed.”

Early pension is not granted but VR is accepted. Today 24th June 2011; I singed on a sheet to accept VR. I have been given my last day of employment 19th July 2011.

My questions:
Am I entitling to any notice? (i.e. 90 days notice section 188 from 24th June 2011; should I be receiving pay for next 90 days from today from the local authority)?

Thank you

getmore4less

You are entitled to 12 weeks statutory notice or more if contractual.

Dinesh_Sharma

getmore4less wrote: »

You are entitled to 12 weeks statutory notice or more if contractual.

Thank you.

Is the notice starts from 23rd February 2011 or 24th June 2011 or?

LittleVoice

You need to look at the exact terms of your VR scheme. You are likely to find that the redundancy pay is, as it were, inclusive of any notice pay. With VR you often do not get both a redundancy payment and notice pay.

SarEl

LittleVoice wrote: »

You need to look at the exact terms of your VR scheme.

I entirely agree. VR is not in any way regulated by law - it is voluntary on both sides and nobody need agree to it, so any legal provisions for compulsory redundancy need not apply. The terms are those that you have agreed with your employer, and only those.

happywarmgun

SarEl wrote: »

I entirely agree. VR is not in any way regulated by law -

That's not quite true. The tax man is certianly going to want to make sure that the tax-free redundancy payment is a result of a genuine redundancy that has gone through compliant processes.

SarEl

happywarmgun wrote: »

That's not quite true. The tax man is certianly going to want to make sure that the tax-free redundancy payment is a result of a genuine redundancy that has gone through compliant processes.

And in the case of a voluntary redundancy the "compliant processes" are whatever the employer and employee agree. VR does not have to comply with any statutory regulation on redundancy - that is why it is called voluntary redundancy and not compulsory redundancy. The tax man has no powers to determine whether a redundancy of any form is compliant with legal processes - their powers are only in relation to whether a tax free payment made complied with taxation law and regulations. They cannot determine that a redundancy is not a redundancy - that is the terrain of an employment tribunal.