redundancy eligibility

wondergal

If you have a conditional offer of employment, but the employment doesn't start until over 4 weeks after the job from which you are being made redundant finishes- are you still eligible for redundancy pay?

shed35

Yes, because you would have finish your job, got redundancy with your final salary. Had over 4 weeks off where you would be entitle to benefits during that time then start your new job.

That is what you are trying to say.

LittleVoice

wondergal wrote: »

If you have a conditional offer of employment, but the employment doesn't start until over 4 weeks after the job from which you are being made redundant finishes- are you still eligible for redundancy pay?

Is the job being offered with the same company as is dismissing you on the grounds of redundancy? Is it moving from one employer to another in the NHS or within local authorities?

If those aren't complications, then you are entitled to your full redundancy pay. You would be entitled to it even if you were starting a job the next day never mind four weeks later.

wondergal

The job is within the nhs, but different trusts, the new job starts 4-5 weeks after the termination of the origional contract.

getmore4less

You need to check the NHS terms for redundancy, rejoining, continuity.

remember if you take the redundancy you lose the continity of employment for future redundancy and potentialy other things.

http://www.nhsemployers.org/PayAndContracts/AgendaForChange/NHS-redundancy/Pages/NHSRedundancyFAQs.aspx#7



How long should employees wait before they can obtain another post within the NHS?


Section 16.7 of the NHS terms and conditions of service handbook states that employees are not entitled to a redundancy payment if, at the date of the termination of their contract, they have obtained without a break or with a break not exceeding 4 weeks, suitable alternative employment in the NHS. We therefore advise that if employees obtain suitable alternative employment within 4 weeks of the termination of their contract, they would not be entitled to their redundancy payment.

Suitable alternative employment is a concept in the Employment Rights Act 1996 and invariably there is a degree of interpretation involved. Suitable alternative employment would normally include duties of the post, salary, earnings protection, location of post, qualifications and aptitude and need for training.

If the employee is made redundant again in the future, they would only be entitled to NHS redundancy for the period post re-employment, as described in section 16.6 of the NHS Terms and Conditions of Service Handbook.

wondergal

Thanks, I have read that, the confusion is over the word "obtained" , the specific Trusts policy for redundancy states you are not eligible for redundancy if "employees who, at the date of termination of their contract, have obtained suitable alternative employment within the NHS where a break in service does not exceed four weeks", I take that as I shud be ok if I take a break?

polgara

Be careful - obtained can also mean an offer of employment within the NHS. Ask that specific question!

youthful

I'm just in the process of closing down units within the NHS, including my own job! so be careful with this, the advice HR are providing for our staff is that if you are OFFERED a post within the NHS before 4 weeks and one day have passed then you will not be entitled to redundancy. This was put in place to protect the public purse, stopping the temptation for folk to take redundancy and then go and get another job, which they could have done anyway if that makes sense, so just go careful.;)