Entitlement to redundancy payment

SarEl

But I am afraid that it is fair. In law. YOu have said yourself that they made you an offer before they received your notice. So you had not served counter-notice before the offer was made. So I can't really change my opinion - I do not think it is clear cut and it depends just how far they are willing to push this. You may have to go to tribunal to fight for your redundancy payment, and I could not be certain which way it might go. But you may be left with no other choice.

g4lsx

Hi
You know thinking about this, I have assumed from the start that I have been offered a job at the new unit, but I have not either verbally or in writing ever been offered anything. When I received a voice mail from the regional manager saying they had found a new unit, I rang back and before he said anything I said I had been offered a job elsewhere that I had accepted, and had sent my notice to the HR dept two days before.

I rang HR to see if they had received it and they seem to be under the impression I had been offered a position in the new unit as well. But officially I have not.

Do you think this helps at all?

Many thanks

Gary

getmore4less

Sounds like they may have got the notice in time and then got regional man to phone you to try and get out of the redundancy.

Why did you not phone and email the notice with backup in writing?

What has happened to salesman No.3?

g4lsx

Hi, difficult to know what is going on.
I never phoned or e mailed notice as I had no
Inkling that they were going to get a new unit
Or that they would be akward.
Salesman no 3 along with no 2 has got his
Confirmation of redundancy and when he is going
To get it etc in writing!
I heard on the grapevine that the bosses had
A meeting before we shut old unit discussing who
Would be willing to move To the new unit if one
Became available. Salesman 2 had already handed
In his notice, salesman 3 they did not want!
Of course I can not prove this as the guy who told
Me (assistant manager) who was there does not want to
Be implicated as he is staying with the company.
Cheers

getmore4less

Hi, difficult to know what is going on.

Along side the legal is usualy a bit of game playing of vested interests.

I think you might have to be carefull depending on the exact things writen so you don't close the time line in some way.

You issue counter notice, they claim they found and notified you of a sutable alternative job so rejected the counter notice.

You might need to reject that any suitable alternative has been offered before the counter notice was rejected the timing seems very coincidental.

I see 3 options none strong

Try the they have to pool you with the 3rd guy
Sound like they will make that fail anyway.

Try the you gave counter notice in time and before they found this alternative. (date time, posting letter, voice mail timing might back this up but a hard one to prove to a ET if it went that far)

In your favour might be that they new about it well before and were scheming they probably should have made you aware as soon as they found the location and were going through a selection process under, there may be some evidence of this, but again hard to find.

Check if you can find out when the deal for the new premisis was made.

Try the this is not a suitable alternative to try to get them to back down or up the package.

Location mileage/time will not be enough but costs are in your favour(depending on wages) due to toll road can you negotiate some payment to compensate. Do the other people relocating allready live that side so they did not look on you side?

Whats the time mileage on the alternative route without the toll road.

Size of store and potential income for a sales person is significant but perhaps there are also opportunities to make that work in your favour.

Try to negotiate better terms if you can make the new store work quickly, also make sure you don't have too much competition from other sales people. 3 les people with the right product mix you get all the sales that previously you were sharing


Anyone else got a vested interest in making the new location work will they loose there jobs if you walk has a boss promised they can keep you and is now going to look a bit silly if you leave.

How keen is the 3rd guy on keeping a job, might be worth getting them to kick off about not being pooled for the job might help.

How much is the redundancy payment, how much do they need you, how good is the alternative job.

Work the angles play the players.

Does head office have a mail policy of identifying when mail is recieved and delivered to people.

When was it posted and was it 1st class?