Modification order and redundancy

rizzo_2

Has anyone any advice/ experience regarding this (am unable to post link but easy to google)

When making you redundant have employers an obligation to inform you of a modification order?

Should your Union have had knowledge of this if giving you advice regarding your redundancy?

Thanks in advance for any replies

KayJay

I take it you are a public sector worker? Usually the mention of a Modification Order will be in your 'At Risk' letter. Our Union reps would discuss it with the staff at consultation stage - however we would only discuss it with union members of course.

rizzo_2

My friend is, she was unaware of this order and has been asked to repay her redundancy money. At no time was she Informed by either her employer making her redundant or her Union (who had given her a fair bit of advice regarding her situation but they have since admitted they knew nothing of this order) .

KayJay

I cannot believe that the union did not know. If it was UNISON then they are the main pubic sector Union so they would know. It is unfair of the employer not to have told her. All public sector employers know of this order; this is because continuous service applies.
The reason your friends will have to pay her redundancy pay back is because she started employment with another employer covered under the Modification order within a month of being made redundant. So she now has continuous service covering both jobs. If she was made redundant from this new job, they would count her past service in the old job too in calculating her redundancy payout.
In practice, what I do is negotiate with the new employer to let the member start in 5 weeks. They then get the redundancy pay and it doesn't have to be repaid.
In reality I think there is no comeback on the employer.

rizzo_2

Thanks KayJay. The Unison advisor she had didn't know, neither was she told during her redundancy consultation (Christian charity Academy sponsor). It's almost like they kept it to themselves so they could claw it back. She has made a complaint to Unison's regional office (not the local one). I just wondered if either the union or the ex employer had a (legal) obligation to inform employees under the threat of redundancy.

patman99

I would imagine that the employer who made her redundant would have a legal duty to inform the people they are laying off about the modification order.

If they didn't (and your friend has all the letters and notices to use as evidence), then it might well be worth holding-out for a Court to decide.

I would suggest that if they didn't mention the order, then they have no legal way to enact it.

rizzo_2

I think the same patman99 but she is worried about the court costs if she loses (
All the union keep saying is suggesting a payment plan to pay the money back, they just don't seem to admit that by not keeping her informed they have done anything wrong.

KayJay

She can fill out a Unison case form which will go to the solicitor who will see if she has a case. If so, then it's funded by the Union whether she wins or loses.
If she has a copy of the paperwork given to her at her 'at risk' meeting or the actual redundancy paperwork, they should have mentioned the Modification order. If they didn't then it may be seen as a failing on the part of the employers. Employees don't tend to know that sort of thing unless HR tell them!