Redundant while on secondment

nursebambi

Hi Hope someone can help, I went on secondment 8 months ago and my company have now said they are doing a ORG change and my old job and my secondment role is being made redundant.
i have been with the company a long time and my old job was 10,000 less than the secondment role im doing now so dose anyone know if i will get redundancy pay on my old rate on the rate of the role im doing now ?

getmore4less

It should be based on the pay at the time you are terminated.

so as you have a long notice and the terms of the secondment may allow separate return to old job early they could do that.

getmore4less

Another thought, if they suggest the lower pay worth considering staying quiet till you understand the redundancy pay policy and regulations.

statutory redundancy is capped so it may not make a difference if that's all they pay.

BabyBoots

Is the pay increase you've had while on secondment in your contract as basic pay, or is it an "acting up" allowance? The redundancy payout will be based on your contractual basic pay, without any acting up allowance for a temporary secondment.

ladybabe

this actually happened to me a few years ago, you should be made redundant on the salary you are being paid when notice is served as long as it was a contracted secondment and not a temporary one.

getmore4less

The legislation starts here

http://www.legislation.gov.uk/ukpga/1996/18/section/135

the calculation of the payment is based on a weeks wage
http://www.legislation.gov.uk/ukpga/1996/18/section/162

defined here
http://www.legislation.gov.uk/ukpga/1996/18/part/XIV/chapter/II

It could be argued that any temporary uplift is variable pay for the purposes of the act and that the previous 12 weeks actual pay should be use.

There may already be case law that clarifies this.

If already over the cap(£464) it makes no difference if statutory is being offered.