Annoying situation...

sophief333

My husband has worked for a company for around 8 years. He has been looking for a new job for career development and has been offered a position with a new company. On Thursday he went to sign paper work and is now waiting for references to come through (which will be fine) and once that is done, probably early next week, he will be expected to hand in notice to current employer.

HOWEVER

On Thursday he also found out he is being made redundant from current position! The problem is the redundancy is currently in a consultation period and will be until 1/5/13. After that my husband will be expected to work 4 weeks and will then be entitled to 6 weeks redundancy pay.

If my husband hands in his notice next week (as the new company will be expecting him to) his reason for leaving will be resignation and not redundancy and therefore will not be entitled to any redundancy pay.

Now we know he is extremely lucky to have the new position to go to, however it seems very unfair that his employers are having this consultation period. This means that should any other employees, who are now aware that they will be loosing their jobs, find a new position with in the next few weeks they too will be losing out on redundancy pay.

It seems like the company has done this hoping as many employees will find new position before the start of the official redundancy notice period, thus minimising pay-outs.

Does anyone else have experience of this?

Hope this all makes sense!

Thanks:)

Takeaway_Addict

You're just moaning because you aren't going to get any money that you wouldn't have got if he had left anyway.

And consultation is there to do things fairly and try and minimise losses to the employees by redistribution etc, cost cutting in other areas etc.

If your OH leaves during consultation it may save another job or a compulsory redundancy.

Also, depending on the size of the company then consultations I believe are compulsory otherwise it could be unfair dismissal.

Just accept that your OH moving is good for everyone involved.

sophief333

I am not moaning, and as I said we are extremely lucky that he has a new job!

Him leaving would not save another job as the company is getting rid of all the people who do the same job as him.

Yes it is annoying for us, my husband would have been entitled to £2100, but he was looking for a new job anyway so its fair enough however it just seemed unfair that hundreds of people nationwide, who did not want to leave their jobs, will in one mind be wanting to find a new job asap but will also be aware that if they are lucky enough to find one before 1/5/13 they will lose out on their redundancy pay.

Takeaway_Addict

sophief333 wrote: »

I am not moaning, and as I said we are extremely lucky that he has a new job!

Him leaving would not save another job as the company is getting rid of all the people who do the same job as him.

Yes it is annoying for us, my husband would have been entitled to £2100, but he was looking for a new job anyway so its fair enough however it just seemed unfair that hundreds of people nationwide, who did not want to leave their jobs, will in one mind be wanting to find a new job asap but will also be aware that if they are lucky enough to find one before 1/5/13 they will lose out on their redundancy pay.

Is this Morrisons?

Surely you would want them to consult and move people to other jobs if possible and give warning of redundancies so that people could find another job.

Surely a job is better than a couple of grand and no job?

sophief333

No, its HMV. Even though they have now been bought they are getting rid of all Loss Prevention Officers and Cashiers, there will be little if any redeployment.

Yes, a job is better than a couple of grand and no job but still, it just seems unfair for those people who now face the choice of risk putting off finding a new job until next month so they will get their pay out or (do the sensible thing and) start looking for a job asap and risk loosing the money they are entitled to.

Spirit_2

It may be irritating, Redundancy if he were to get it in addition to having his new job would be a 'bonus', but there is nothing unfair about this at all.

For your own peace of mind you may just want to focus on his new opportunity and be glad he is leaving of his own choosing.

hawk30

Consultation is a legal requirement if over a certain amount of people are likely to be made redundant. So it's a little unfair to blame the employers.

getmore4less

sophief333 wrote: »

My husband has worked for a company for around 8 years. He has been looking for a new job for career development and has been offered a position with a new company. On Thursday he went to sign paper work and is now waiting for references to come through (which will be fine) and once that is done, probably early next week, he will be expected to hand in notice to current employer.

HOWEVER

On Thursday he also found out he is being made redundant from current position! The problem is the redundancy is currently in a consultation period and will be until 1/5/13. After that my husband will be expected to work 4 weeks and will then be entitled to 6 weeks redundancy pay.

If my husband hands in his notice next week (as the new company will be expecting him to) his reason for leaving will be resignation and not redundancy and therefore will not be entitled to any redundancy pay.

Now we know he is extremely lucky to have the new position to go to, however it seems very unfair that his employers are having this consultation period. This means that should any other employees, who are now aware that they will be loosing their jobs, find a new position with in the next few weeks they too will be losing out on redundancy pay.

It seems like the company has done this hoping as many employees will find new position before the start of the official redundancy notice period, thus minimising pay-outs.

Does anyone else have experience of this?

Hope this all makes sense!

Thanks:)

There are some things that need clarifying

Does he have 7 or 8 full years service, when will 8 years be if 7?

What is HIS current notice to the employer?

When are they planning to issue notice and what are they saying will be the notice period and how many years service for redundancy.


If they are saying he must work 4weeks then they need to pay at least 3 weeks PILON and maybe 4 and 7/8 years service for redundancy but some may be at 1/2 weeks if young.

as well as accrued unused holiday.


Once he has been given notice he then has the option to "counternotice" and still keep the redundacy but lose any unused notice pay.

you will need to research that.