Provisional Selection for Redundancy

W1145

I have been provisionally selected for Redundancy by my Company - I have less than 2 years Service, so no Redundancy Payment. They have used all the required Processes, I think, but I have a couple of questions:

1. During the Consultation Period they have stated that I will not be expected to work - I have to attend arranged Meetings - I will receive my Full Pay and Contractual Benefits - can they ask that I attend the Office to complete work? Will my Payments be affected if I just decide not to go in? Should I get a Sick Note, just in case? I accept that I cannot get another job until the Redundancy is confirmed.

2. When can I officially start another job?

3. They have calculated my Severance Payment - they have given me a date when this will be paid, which is some 3 weeks after the date that has been advised as the Redundancy Decision and 2 weeks after the end of the Consultation Period. I do not think this is acceptable? Are there any Statutory Rights in this respect?

Look forward to your response - thank you!

getmore4less

You can get another job any time you just resign and give notice.

The earliest start date should be after the termination date although if on garden leave there is some scope depending on the contracts but the new employer would have to accept you may still be contractually obliged to do work for the old company.

They can set any dates they like, statutory notice and redundancy based on service are the only things they need to follow and can in most cases use PILON to terminate early.

At some point you should get a formal notice of termination due to redundancy and a termination date.

Failing to turn up could mess up any payments due until the termination date you are still under contract of employment and obliged to perform to that contract.

jobbingmusician

Sorry, but I am going to tell you bad news. You have NO rights, as you have been employed for less than 2 years (unless you are being discriminated against for a protected characteristic). The employer can dismiss you at any time for any reason, and if they are giving you a severance payment you should celebrate this fact! In your shoes, I would sit tight until I received this payment, or weigh up the risk of not getting it against the benefit of starting another job.

Again, apologies for being the bearer of this news, which reflects the ridiculous power given to employers nowadays....