Notice,TUPE,redundancy help

iamadave

My company recently reduced staff and I was safe, now we have been told the company will be bought and we will be transferred to a new company under TUPE - I have been there 10.5 years.

Due to this change the business is relocating which would add 6-7hrs commute each week and 5-8k miles a year... No extra money or benefits or working from home is available.

My employer after listening to my concerns has confirmed I could be made redundant and my redundancy would be paid by the company and it was briefly mentioned that I could work 12 weeks notice.

My initial thoughts are I would be entitled to the redundancy (3kish) and 10 weeks notice one for each year?

Can they make me work this notice period?
Would this redundancy/relocating affect any insurance if it does take me sometime to find a new job?
My contract just says a months notice if I wish to leave etc, would that be 10 weeks + a month + redundancy?
If I have a notice period of 3 months I think any new employers are unlikely to wait if I am lucky to find something in the short term, there does not seem to be a big incentive to find new work quickly.

Thanks for any replies, I am rather confused.

getmore4less

I think you need to clarify the position with the employers and who is likely to make you redundant if you can't relocate/commute.

If making redundant due to the relocation then you could try to argue that you should not be working at the new location.


If one of them makes you redundant they have to give you 10 weeks notice or longer if the contact says more.

Redundancy is based on service at the terminatin date or the date of notice + statutory notice if that is later, currently this is 10 years.

Statutory redundacy is 1weeks pay capped at £430 adjusted for age if under 22 over 41 so currently £4300.

they can give you as much notice as they like but you do have the option to counternotice once within the statutory notice period so can consider other jobs.

They have the option of garden leave or PILON if you can't work at the new location and the transfer happens before the notice is complete

iamadave

Thanks for you reply.
The employer has said they will make me redundant as they realise it would mean taking a pay cut and a large increase in commuting which would affect family life and financial situation greatly.

I could commute for a short time but I think 10-12 weeks would be too much time and money, and I still need to look for new work.
I am worried if a job did come up I couldn't just leave within a month or less to take up a new role elsewhere?

As I am entitled to 10 weeks notice is this paid unless it is agreed to be say 4 weeks? Or is this what you mean by counter notice? If I left at 4 weeks I would lose the right to the remaining 6 paid weeks?

CFC

You need to check the date of the proposed transfer. You cannot be expected to work your notice at the new location if it is outside your contract to do so. In this situation you would normally receive payment in lieu of notice (PILON)

iamadave

We have been TUPE across for a week in the 'new' company, and we have been told this week the move is likely 2-3 weeks time.
I am a little confused about the notice my contract says 1 month, so can I say a month but still entitlement to the PILON as I am due 10?

The redundancy itself is small as was under 21 when I started and I am not trying to play a system.
I could commute briefly to help them out/move but once the school holidays end the commute time will increase to the 6-7hrs a week. And my concern is if I find a job and I have to say notice period is 9 weeks or 6 then that is to long to wait.

getmore4less

If you have transfered allready it is the new company that will have to make you redundant.

Get this clarified ASAP.

The notice for the company to give you is contractual or 1 week per year service, whichever is the greatest(10weeks).

DO NOT RESIGN with your notice.

Resist working at the new site as a new place of work, expect expences as if it was an alternative place if they need you to do handover or get the people handing over to visit your site.

You need to find out if they will make you redundant, expect you to work some or all of the notice, and if not work will it be PILON or garden leave. ALso ask them about leaving early and still getting redundancy if they want you to work notice, if they say no then you may need to look at counternotice.

What does your contract say about place of work and any mobility requirements.

There have been a few posts on counternotice here and google will find more info. readup on those posts.

You cannot use counternotice before you have your notice you are being terminated due to redundancy. but the employer may just pay out anyway, good ones do since they save a bit of notice.

Clarify what is happening with the employer.

iamadave

They have said the new company will make me redundant and pay my redundancy but I am still waiting for them to confirm everything in writing including figures and dates and I wish to ask about notice.

There is nothing about mobility requirements just a standard bit about other duties.

I will read up on counter notice. They have hinted that they would likely propose a 12 week notice I said I think it should be lower and they want to discuss it, but as I am the sole person covering several jobs now they would want me to stay.

getmore4less

Be carefull agreeing to a shorter notice they then don't have to pay it, they need to pay 10 weeks min due to service and will need to come to some agreement over working it garden leave or PILON.

if they want you to work at the new location they should help with costa as expences it is not your normal place of work, you could also look at negotiating a bonus to stay and help out and do some/all of the extra commuting in work time or as TOIL a 4 day week would be about right.

It is always best to try to help out, you never know when you might be in need of a job in the future.

also if you find getting a new job more loacaly there may be the chance to extend on a week by week basis.

LittleVoice

getmore4less wrote: »

Be carefull agreeing to a shorter notice they then don't have to pay it, they need to pay 10 weeks min due to service and will need to come to some agreement over working it garden leave or PILON.

if they want you to work at the new location they should help with costa as expences it is not your normal place of work, you could also look at negotiating a bonus to stay and help out and do some/all of the extra commuting in work time or as TOIL a 4 day week would be about right.

It is always best to try to help out, you never know when you might be in need of a job in the future.

also if you find getting a new job more loacaly there may be the chance to extend on a week by week basis.

I think iamadave was meaning 10 weeks as the shorter notice compared with the company's suggestion of 12 weeks. But I'm not sure because he may have wanted to be free to move to another job in less time. If the latter, I certainly agree that he should not agree to the less than statutory minimum notice.

iamadave

OK so I have finally had my meeting, they will help out a little with travel costs, and have said I need to work the 10 weeks notice, and have verbally agreed a leaving date.
As I will be working the notice I will only get the redundancy payment.

They want me to email them to confirm the date, and then nearer the time confirm final pay etc.

Shouldn't I receive something in writing confirming the redundancy?

It was mentioned after that as I am making myself redundant voluntarily they can hire someone else to replace...
Do I need anything official confirming the reason ahead of time?

getmore4less

You need to get writen confimation that you are being terminated by reason of redundancy

You are not making yourself redundant they have failed to provide a suitable alternative.(due to location).

any recruitment at the new location is not that relevent to your situation.

I would push for full expenses if they want you to work at the new location.

Be careful not to resign