won appeal

badboy69_2

Hello,
My wife won her appeal against redundancy. She provided proof that she was under scored by her manager, not for her work, but for personal reasons. HR upheld her appeal and after saying sorry for all the stress my wife had been put through they have told her they would understand that she would not like to go back and work under the same manager. She will be having a meeting in a few days to talk about a new package. If they can not find her a new job within the company would it be fair for her to ask for her redundancy plus 5 years pay in compensation?

SarEl

Provided you fully expect the answer to be no. Not even a tribunal would give 5 years pay on top of redundancy.

badboy69_2

any idea how much she should ask for...?

copa_feela

How long has she worked there? Are there any reasons why she would struggle to get another job (disability, age etc)?

badboy69_2

She was there 7 years, her department will be closing in 2 years. She would be working there for these 2 years if she was not victimised by her manager. age 34, no disability. not sure how long it would take her to get another job in this climate. She was told 4 months ago, took it very bad, signed off from work with stress. any ideas? thanks

copa_feela

badboy69 wrote: »

She was there 7 years, her department will be closing in 2 years. She would be working there for these 2 years if she was not victimised by her manager. age 34, no disability. not sure how long it would take her to get another job in this climate. She was told 4 months ago, took it very bad, signed off from work with stress. any ideas? thanks

Where on earth did you get the five years figure from?

I would be looking in the region of months rather than years. But you really need to stop thinking about it until you find out what the job situation is, if she is offered some kind of leaving package at the meeting she will be able to take it away with her and then consider her position.

getmore4less

What would they say,

if she says no problem I just wanted my job.

If you need any information for the disiplinary of the manager just let me know.

depends on the place and the job/hours etc.


5 years pay, the top payouts these days are around 1 year, but much more common are statutory or stat at full pay, a few go to 2,3,4 X stat at full pay.

what was the redundancy offer? whats the pay?

badboy69_2

Thanks Getmore4less, What do you mean by Statutory or stat? the redundancy before the appeal was £6,000. Her pay was about £16,000. What do you think she should ask for?

Acc72

badboy69 wrote: »

any idea how much she should ask for...?

I am not sure I understand correctly ......


Your wife was told she was being made redundant.

She appealed against this - and won.

She now wants to be made redundant.


Is this right ? - if so, why did she appeal in the first place (was it just the offer she was not happy with ?).

antrobus

badboy69 wrote: »

Thanks Getmore4less, What do you mean by Statutory or stat? the redundancy before the appeal was £6,000. Her pay was about £16,000. What do you think she should ask for?

Statutory redundancy is calculated in accordance with the prescribed formula (see http://www.direct.gov.uk/redundancy.dsb) - probably about £2,200 in this case. It is however often the case, particularly in the public sector, that the employer has agreed to pay something extra, which is likely where the £6k comes from.

getmore4less

badboy69 wrote: »

Thanks Getmore4less, What do you mean by Statutory or stat? the redundancy before the appeal was £6,000. Her pay was about £16,000. What do you think she should ask for?

Statutory(stat) redundancy is 1 weeks pay capped at £430 with an extra 1/2 weeks for every year over 41.

£16kpa is about £310pw so below the cap anyway

£6k payout is about 20 weeks what is the actual breakdown of the payout?


Don't forget any notice will also restart if she decides to go so thats at least 7 weeks pay(even if off sick).


If off sick why not let this one run for a while and keep getting paid any enhanced sick pay.