Everyone being made redundant but want us to stay

getmore4less

if anyone gives counter notice they can reject it by withdrawing the redundancy imediately and start the clock again

Share buy out Very normal.

Buy all the shares(small ltd) off the current owners(large PLC) starting bid £1.

sangie595

getmore4less wrote: »

if anyone gives counter notice they can reject it by withdrawing the redundancy imediately and start the clock again

Share buy out Very normal.

Buy all the shares(small ltd) off the current owners(large PLC) starting bid £1.

I'm sorry but redundancy cannot be withdrawn after counter notice has been submitted. They can withdraw the redundancy notice for everyone else, yes. But then they would have to issue full notice again! Clearly they do not wish to do this, or they would not have already started the notice clock before knowing when they want to make people redundant. And it wouldn't stop the person who issued counter notice from leaving and making a claim.

In your view a share buy out of a falling company with a name that is worth nothing may be very common. It isn't in mine.

getmore4less

stand corrected if they can meet the strict timings of counter notice they can leave with redundancy.

melanieK80

Thank you for all your information.
From what we can gather we have been put on notice so if we;
Do not sell the company
Do not win a contract
Do not increase sales,
in the next 3 months, they can shut the company down and not have to pay up our notice & redundancy.
They are protecting themselves from the 'notice pay' part while they see what happens.
On our notice letter it says they will keep us informed if the situation changes.

Our concern is they will not pay our redundancy until they know for sure so we will be expected to just work on a day to day basis and be 'thank full we have a job'. Then if the time comes they can shut the doors and just pay us redundancy.

We think we will be in a prolonged unstable position and will have to make a decision to jump ship and forfeit redundancy or just put up with the constant stress that we may lose our jobs at some point in the near future.

sangie595

melanieK80 wrote: »

Thank you for all your information.
From what we can gather we have been put on notice so if we;
Do not sell the company
Do not win a contract
Do not increase sales,
in the next 3 months, they can shut the company down and not have to pay up our notice & redundancy.
They are protecting themselves from the 'notice pay' part while they see what happens.
On our notice letter it says they will keep us informed if the situation changes.

Our concern is they will not pay our redundancy until they know for sure so we will be expected to just work on a day to day basis and be 'thank full we have a job'. Then if the time comes they can shut the doors and just pay us redundancy.

We think we will be in a prolonged unstable position and will have to make a decision to jump ship and forfeit redundancy or just put up with the constant stress that we may lose our jobs at some point in the near future.

You cannot be put on an open ended notice period - by its very nature, notice has an end date. That doesn't mean that they cannot continue to employ you past that end date, but it does mean that it is treated - for you - as notice served. Counter notice can be submitted during the period of statutory notice (not contractual), which is calculated backwards from the end date of the notice period. If you are in the period of statutory notice or past it, then you have the right to serve counter-notice and leave with your redundancy payments intact. They might think they wouldn't have to pay - but legally they would have to. But it may mean a tribunal claim to force them to if they are trying it on.

getmore4less

Is this the sort of work where you could get a job as a team going elsewhere.

If there are only 7 of you and you have the right skill sets if may be worth you all looking for everyone.

what about the current work what will happen if you all leave together?

If it would leave a client in the lurch they may take you all on contract to finish the job(although that could get messy with TUPE).

melanieK80

Update:
So my notice ends next week. Another collegue's notice ended today. And 2 others due in 3 weeks.

We won the contract, we have been told to carry on as normal and we will not close as long as we are hitting a certain sales target which we are almost. We were invited to a meal by the chairman where it was expected he would retract the redundancy but this was then cancelled.

The collegue whos notice ended today was only handed his notice 2 weeks ago (should have been 1st May) because the boss didnt get round to giving it him as he was away. This contradicts the fact we had won the contract at this point. So we are not the wiser, i think we just forget it happened but not sure if we are forfeiting certain rights in the future should we get shut and they wouldnt have to pay notice again.

We all talked about going off and setting up together but we cannot if the company continues. It would only be an option if we were shut.

sangie595

You have been served your notice. Until that notice is retracted by the employer, the notice stands as notified. Not closing and having a job are not the same thing. Write to them and ask the question, keeping a copy of what you send.