Complicated redundancy help!!!!

shed35

I hope someone can best advise me and hopefully some of my work colleagues about our current situation that we are going through.

My organisation restructure programme finally came to our side of the business and all staff on the our side of business was placed under consultation for new terms and conditions and anybody who was not considered 'front line' under restructure. The consultation started in the autumn and finished mid- January.

Most staff will have their salary reduced and the one thing that has everyone worried is that we will have move from enhanced to statuary redundancy. The new terms and conditions will start on 20 May 2013

During this period of consultation, some of services which we run went up for tender (we are still in the middle of tendering process) and because the organisation could not guarantee work for those staff AFFECTED were placed on 90 days notice of redundancy which started mid -December and run until mid March 2013 and with staff finishing on 31 March 2013 if the tendering process is unsuccessful.

The affected staff were placed on on the redeployment register and and told that they would be working their notice from the day we received our notice until the end of March 2013.

The commissioners have just come back my organisation and extended those services who were up for tender for an extra 3 months after March to cover themselves and to give the new services time to set up (as I said before the outcome for new tenders is still unknown)

It looks like TUPE won't apply and the new services are very different to the existing ones.

I hope everyone is still with me.

I just want to know:-

* Can you start notice of redundancy whilst the services are under consultation for restructure/pay and conditions?

* Can the company the makes us work the extra months after March even though we have a notice of redundancy to finish on 31 March 2012 ( I will like to go by them)

* I am fixed term contract which finishes on 31 March 2013. Also I have a letter to say I am in redundancy situation as my job won't exist in the new structure and they not tendering with my existing job. Can I go without having to do the extra months.

There are so many variables so any advice will gratefully received

When we have been to meetings with management, they have been very vague to say the least.

getmore4less

How many are affected? If enough then the initial consultation would be 90 days

when did the original consultation start, AIUI notices should not be issued before that finishes(90 days later) not sure that just because there are still outstanding issues notice canot be given. it can be withdrawn/changed but you AIUI can still leave on the initial end date and issue counter notice to that date to get any redundancy.
(search for posts by SarEl there is one that covers this on here or on the other place she posts under the same ID)

Read up on counternotice and particular attention to the statutory notice.

shed35

Hi

Thank you for your reply.

There is less than 50 people who have been placed at risk for redundancy.

The company has their redundancy policy which said that they only have to give a minimum of 30 days but have given us 90 days to take us to the end of our service contract on 31 March 2013. Obviously that becomes problem with the extension.

Could you please tell me what AIUI means. My colleague and I can't work it out.

getmore4less

As I Understand It.


With 50 thats 30 day consultation and they can give as much notice as they like as long as it is longer than statutory or contractual if longer.

shed35

Hi

Thank you very much. You manage to answer our questions better our manager and HR

getmore4less

Remember some of your managers are probably in the same situation and getting nothing from above.

shed35

Hi

I thought I will give you an update on the situation.

Late Wednesday, the staff at risk received an email about our situation.

From given us very little information on road shows on which happened two weeks ago and thinking that we will going to be dictated to about we can and can't do, management backed down!!!

Basically we have been given choices:-

We can be made redundant as stated on our original notice on 31 March 2013 if we wish

We can stay to work the interim period between 31 Mar - 30 June if we wish but the organisation can not enforce this

If they did not win the tenders and TUPE apply (very slim chance of this) we can the choose not to transfer and take redundancy and if we want to TUPE they will support the transfer.

If they won the tender, staff will move on to new terms of conditions of employment. This is the worst of the options as they have the slashed salaries, annual leave and moving redundancy to statutory.

The office is elated to say the least. We will preparing for a long battle.

I going to get what. I am planning take redundancy and leave on 31 March 2013 . It just unbelievable.

For the first time since this has started, we have choices and we can tell management what we want rather than the other way round.

Thanks for all the advice.

Finger cross I will not have to use this forum again.

shed35

Hi

I am sorry to have use the forum again. But need people opinion's on this letter that I about receive.

I need to know whether this letter would jepordise people chances of claiming benefits such JSA or mortgage protection insurance. I need an outsider point of view.

This is the letter:

CONFIRMATION OF REDUNDANCY FOLLOWING RETURNED PREFERENCE FORM

Following notification of the contract extension to support services in XXXXX I wrote to you in early February to establish whether you were prepared to continue in your current role for a further 3 months or whether you wished to leave as previously notified on 31 March 2013.

Thank you for returning your preference form stating that you wish to leave on redundancy on 31 March 2013. I can confirm that your employment will be terminated on this date as requested.


I undergoing a very complicated redundancy and any advice will gratefully be received.

getmore4less

Ask them for a letter of termination due to redundancy outlining all the payments you are due.

If you get that letter I think benifits will probably be OK but any PPI/IP claim might be hard.

shed35

Thank you for your reply.

Unfortunately we are in a situation where any information given has to be double or triple checked.

You are an utter star!!! :T:T