Redundancy Notice Period

RyanPosh

Hi

I wonder if anyone can help. I am being made redundant:(, but have another job lined up:j. I have a 3 month notice period, which my new employer is aware of. The consultation period has ended, with the decision to close the office delivered today (though we'd known for weeks).

The sucker punch is that we have not been given a closing date. We are told that the notice period cannot start until they give us this date. Without going into great detail, only one of 17 people is taking up the offer of a job in another office. They genuinely appear shocked and have no plan B. As such, my fear is that they will take another month or more to decide how to deal with the situation and, thus, be able to give us a closing date. The notice period then, essentially, becomes 4 months. Maybe more, if they really drag their heals. I then either have to lose the new job or forego redundancy.

My question is whether anyone knows if there is a time limit on how long an employer can take between advising of a closure and then confirming the closure date.

Many thanks

getmore4less

No time limits they are still consulting if the final decision has not been made and they have not put people on notice.

Another_not_new_user

You already have a job and this is before the statutory notice period begins. You are therefore no longer legally entitled to redundancy payments, and if you withhold this information and the employer finds out, they could sue you for the return of the money. The law on this matter is very clear - getting another job offered before entering the statutory notice period renders you ineligible for redundancy payments.

Dr._Shoe

I'm not so sure about that unless the law's changed.

I used to work for a firm that supplied agency staff to another firm on a permanent rolling contract. My employer went bust and the firm we were working for took us on as their own staff. Therefore I finished with my ex employer on the friday and started with my new employer on the monday, doing exactly the same job. My old employer was well aware that I was going to work for the new firm, in fact he even asked them if there were any of his staff they did not want and he'd help them find other positions in another company he co-owned. I still got my redundancy money.

I can however see why there should be a rule that would prevent one from getting redundancy payments if they have another job lined up.

getmore4less

Another_not_new_user wrote: »

You already have a job and this is before the statutory notice period begins. You are therefore no longer legally entitled to redundancy payments, and if you withhold this information and the employer finds out, they could sue you for the return of the money. The law on this matter is very clear - getting another job offered before entering the statutory notice period renders you ineligible for redundancy payments.

Which bit of legislation cover that?

Another_not_new_user

getmore4less wrote: »

Which bit of legislation cover that?

Redundancy Payments Act - the 1967 Act as subsequently and variously amended. Redundancy is compensation for the loss of employment to enable a worker to live whilst looking for further employment. If they already have that employment before notice is given (and only statutory notice applies in law) then they do not require compensating so are not due redundancy payments.


Employers are permitted to be more generous than the law requires, but not less.


In the case of Dr Shoe's post this would not apply. The original employer went bankrupt "on Friday" so the legal notice period only starts at that point - not before. So the poster was within the statutory notice period and was entitled to redundancy pay.


Maybe it isn't fair, but it is the law. There has to be a cut off point because otherwise someone could know that redundancies are coming six months in advance and still claim redundancy pay. The cut off point in law is the statutory notice period.