Voluntary Redundancy - Notice Period?!

emmamac1970

I apologise for this post being so long winded, but I'm struggling to get my head around VR and am hoping someone can help me.

I applied for Voluntary Redundancy in January and was accepted the same month. My Service Manager rang me, towards the end of January, asking if I had any preference as to when I would like to leave. My reason for applying for redunancy was that the office is due to be relocated in April and I am unable to travel to the new location. In view of this, I told my Service Manager that I was quite happy to stay on until the move. He, however, felt it better if I left at the end of February - when a new computer system comes in place.

Last week I was informed by my Manager that I would be made redundant the week ending 2nd March. I only work 2.5 days a week and, with holidays owing, she informed me today that my last day in work would be Monday 27th February. I was concerned that I hadn't received anything in writing confirming this and I asked when I was likely to receive anything. She advised me to ring HR.

I rang HR and there now seems to a problem with notice. They asked if I have served the requisite notice period and, if so, from what date or if I have waived my right to it. This was the first time I have heard of any notice period and I have not waived my right to anything, and told them this. They are now waiting to speak to my Service Manager - who is not in the office until Friday.

I know this is a daft question, and probably one which my Employer should answer (but I can't speak to my Service Manager until Friday) but do you think I will be finishing work next week or will I have to work a further six weeks?

I will quite happily work a further six weeks - but my worry is the move will take place during this time and I applied for VR to avoid this! But I may be worrying unnecessarily if I can finish next week after all!

Any advice/suggestions would be gratefully appreciated.

Thanks.

getmore4less

The company has to give you notice that you are being terminated by reason of redundanncy

VR makes no difffernce to this.

you notice is contractual with a minimum of 1 week per years service up to 12 weeks.

You can through agreement give up this right and accept a shorter period(don't do that).

From the time they give you notice they have to pay the notice period in full even if you don't work.

Use of accrued but untaken holiday can be taken during notice but there are rules for this and needs to be look at along side any contractual requirements.


If you have not been given notice and prefered to work till the move(more money) then I would hang on for that.

If notice takes you past the move they will need to pay PILON for the unused notice.

NOTE: service for redundancy includes notice of some form so when did you start(actual date), how many years have you worked there?

nightingalesgarden

It is difficult to answer your query because you are asking about local practices - however I would not panic/worry.

From your post it would seem that the waiver step of the process has been overlooked by your Manager. This should easily be fixed by you signing a waiver and hopefully you can leave on the original terms you agreed with your Manager.

In simple terms - When anyone is made redundant they are entitled to a set amount of notice (amongst other statutory items).

When offering voluntary redundancy some employers may wish to vary the standard/statutory terms. They get your agreement to the changes by asking you to sign a waiver.

A waiver could include not working/getting paid for all your notice, as in your example. Where I work the VR agreement includes losing any holiday not used before your end date - but your Manager seems to have resolved this potential issue.

One final note - were you expecting all your monies in the February pay run? I suspect with this mistake it's more likely you'll get it in March.

emmamac1970

Thanks for both your replies.

In response to the first one, I have worked there for six years and the HR Department did mention 6 weeks notice. Am I right in thinking, from what you say, that if I don't waive my right to notice that I can insist on staying at work for a further 6 weeks, but if the move takes place during that period I can leave and still receive redundancy pay?

In reply to the second response, and in particular the final paragraph - I'm also having problems regarding payment of redundancy monies even if I do finish work next week! (Its just one big headache at the moment). To give you a bit of background, I only work all day Monday, all day Tuesday and Wednesday morning. We get paid on the 20th of every month and are paid up until the end of the month. I asked HR when I could expect to receive monies owed and they said, because my end date is 2nd March, that I would only get my redundancy pay on 20th April as Company policy is redundancy monies are only paid the month after leaving. This would leave me without any payment in March as I don't work Thursdays and Fridays and have already been paid up to the end of February 29th. I have asked if my end date can be 29th February so I can receive a payment in March, but again they have asked me to speak to my Service Manager who isn't in until Friday.

I just feel that everything has been left until the last minute and I'm the only one at work who seems worried about it. Is there something I should have done before now?

getmore4less

Have you actualy been given official notice that you are redundant?

What do the letters say?

With 6 years they have to give you 6 weeks notice there are 3 basic options once you have been served notice

Work for 6 weeks (self explanitory)
Take garden leave ( till employed but not required to turn up)
PILON (terminated and paid for unused notice).

Or a combination.

get them to tell you, do not agree to leave early without being paid full notice.

As the reason for the redundancy is the move of location and they have not offered a suitable alternative I don't think you have to work at the new location so any unused notice needs to be paid or you go on garden leave.

repeat do not agree to a shorter notice so you don't leave they either terminate early with pay of put you on gardem leave.

If you have not been given official notice then the clock for the weeks pay has not started yet.

Depending on what you have in writing so far I would say when are you going to give me notice I am terminated by reason of redundancy.

when did you start it might make difference.


What redundacy have they offered and how was it calculated.

stop offering to leave early unless you get full notice pay

nightingalesgarden

As I stated a lot of this is local policy but hopefully I can help a little.

Firstly - this mess is not unusual - believe me! Just sounds like your Manager and HR have messed up on some processes.

Money - If you leave at the end of Feb - then you should be able to get paid on the 20th of March. This is possible as there is plenty of notice to give to payroll to make the payment (you need to make this point).

Local policy may state it doesn't get paid until April but from the sound of it a stiff note from your Manager should sort this out. Tell your Manager this is what you want and why. You should not be left out of pocket. If you had expected it the day after you left that would be unreasonable - the next pay month with 5 weeks notice - very reasonable. If you extend your leave date with notice - again, I believe that if you/the employer has 4 weeks notice a payment the next month is reasonable.

Notice - Emma is correct that if you have not been given formal notice (which would be a very specific letter) or if you have not signed a waiver then you have not started your formal notice/signed it away. So you are entitled to 6 weeks following the day you receive this formal notice.

Even if you have verbally agreed something different with your Manager without the waiver/notice you cannot be held to this agreement (unless you want to)

However it may be, and I have no way of knowing, that your voluntary terms include a specific leave date and/or that you sign a waiver to get the VR payment. You need to check this. It may state something like "by applying for VR you understand that your leave date will be X and no further notice will be paid"

If you can find nothing to indicate this then I would advise that when you talk to your manager on Friday you start by asking about the notice - say that you have talked to HR and that they have stated that you need six weeks notice - how is that going to work?

No need to bring up the waiver unless your Manager does...:)

emmamac1970

Thanks again to you both for taking the time to post such detailed replies.

I started work there in May 2006 and the redundancy package offered is a weeks pay for every year of work. The only letters I have received from HR are one acknowledging receipt of my application and the second (dated 16 Jan) confirming that my application had been approved and that:-

"within the next couple of weeks you will receive your official notice of redundancy, confirming your redundancy payment and if relevant, pension figures. Notice will be issued in line with your contractual or statutory entitlement"

I have not received anything like this.

I feel a lot better having read your replies, thanks, and do now think its perhaps a slip up between HR and my Managers. I'll give my Service Manager a ring tomorrow and let you know how I go on - I feel more prepared now. I am not going to bring up the waiver, but if he does, I am not going to agree to waive anything, nor am I going to agree to leave early without being paid full notice.

Thanks again for all your help.

emmamac1970

Hi

Just thought I'd let you know how I went on today. After a few phone calls and e-mails I now have it in writing that my leaving date is 28th March, which means extra money for me!

To cut a long story short it would seem that there was some "misunderstanding" between myself, my Service Manager and HR. Thankfully, following the advice given by both of you, I understood the VR procedure more and was able to make it clear to them what it was I wanted.

Thanks again for your help. Much appreciated x

nightingalesgarden

:T:T:T:T:T

I'm very happy for you - good luck in the future