Redundant - When to go

hellokitty08

Hello,

As a result of a company merger, my team has been told that we were at risk of reduandancy. They asked for Voluntary redundancy application before christmas. our whole department is being replaced by the new company that we merged with so really our roles and job function doesnt exisit any more.

Now the people who wanted to apply for roles in the new team have been told if they have been successful, those who didnt apply and didnt volunter for VR have been given notice of redundancy, the only ones still waiting are those of us that went for VR.

Also lots of people have already left, because they have been successful with finding employment elsewhere and they were all put of gardening leave, paid their notice and redundancy. Those of us who are left have been told if we find another position (elsewhere) we have to give 1 months notice (while we carry on working) to leave a job that no longer exists, but that if we are actually entitled to a statory minumum redundancy notice of 12 weeks, we wont get paid that.

I am not sure if they can do this or not because I thought you couldnt overwrite statatory requirements?

Andy_L

hellokitty08 wrote: »

Those of us who are left have been told if we find another position (elsewhere) we have to give 1 months notice (while we carry on working) to leave a job that no longer exists, but that if we are actually entitled to a statory minumum redundancy notice of 12 weeks, we wont get paid that.

You only get 12 weeks, paid, notice if they make you redundant. If you resign then you only have to give them 4 weeks notice for which they pay you & you turn up to work

getmore4less

hellokitty08 wrote: »

Hello,

As a result of a company merger, my team has been told that we were at risk of reduandancy. They asked for Voluntary redundancy application before christmas. our whole department is being replaced by the new company that we merged with so really our roles and job function doesnt exisit any more.

Now the people who wanted to apply for roles in the new team have been told if they have been successful, those who didnt apply and didnt volunter for VR have been given notice of redundancy, the only ones still waiting are those of us that went for VR.

Also lots of people have already left, because they have been successful with finding employment elsewhere and they were all put of gardening leave, paid their notice and redundancy. Those of us who are left have been told if we find another position (elsewhere) we have to give 1 months notice (while we carry on working) to leave a job that no longer exists, but that if we are actually entitled to a statory minumum redundancy notice of 12 weeks, we wont get paid that.

I am not sure if they can do this or not because I thought you couldnt overwrite statatory requirements?

If you are on garden leave or working and want to leave early then you lose the remaining notice if you counternotice and resign because you have a new job to go to.

You only have to give notice if you want to leave early.
Just wait and start the new job after your full notice has been paid.

If the company wants you to leave early they have to pay full notice.

zzzLazyDaisy

When one company takes over an identifiable part of another company, this is a TUPE [transfer of undertakings (protection of employment regs] situation, NOT a redundancy situation.

What this means is that, by law, your employment transfers to the incoming employer with your length of service and all your existing terms and conditions intact.

Have a look at this advice leaflet and if this looks like your situation, come back for further advice.

https://www.gov.uk/transfers-takeovers

Dx

getmore4less

Looks like ETO after a merger, reorg too many people some are going.