Looks like it's my turn

getmore4less

Why no continuity of service?

getmore4less

Will need to check but If they keep you on for your notice they may need to pay redundancy at the new rate in April.

ententecordiale

Thanks Getmore4less

I think they are right about unbroken service as I recall the original company went bust after being bought but will look at it

I received a mail this evening at 5:50 stating the job at the other side of the world was urgent and had visa requirements so they think I can't meet the criteria.

This urgent job hasn't to my knowledge been posted anywhere so far

Letter also requested a meeting Monday to select which redundancy option I wanted.

All seems rushed, predetermined and a box checking excerise.

The union has been a bit useless tbh and just said "well thats the way it is .."

getmore4less

getmore4less wrote: »

Will need to check but If they keep you on for your notice they may need to pay redundancy at the new rate in April.

Had a look at the relevant section and still not sure.

https://www.legislation.gov.uk/ukpga/1996/18/section/226
5. is the redundancy one.

I seem to recall in the past the cap has always been at date of termination or late if full PILON, but not sure based on 5.c and 6.

getmore4less

ententecordiale wrote: »

Thanks Getmore4less

I think they are right about unbroken service as I recall the original company went bust after being bought but will look at it

If they took it over then dissolved it taking on all the people I would argue continuity.

if they kept it as a separate entity TUPE may apply.

ententecordiale

Hi All,

Sorry I've not updated the thread. We are at the settlement agreement stage. I stopped trying to consult my union as they were pretty useless and retained a solicitor instead

I wasn't in the end eligible for continuous service but getmore4less, you were right about me qualifying for extra pay as I turned 52 before my termination date. Thank you!!

The solicitor fees are being paid by my company and was worth it

On a positive note, I have had one job offer which is a little less money than now and I was at another interview today which they said if their boss approves, then they will make an offer

I feel fortunate as I know that at my age it is not easy and secondly not everyone is as lucky

Will update later and good luck to everyone in the same position as it is not all doom and gloom

ratechaser

Firstly, glad to hear that you have something new sorted out. But I'm curious, why do you need to sign a settlement agreement, as (from what I'm reading) all you are getting out of this is statutory minimum redundancy.

ISTBC, but thought settlement agreements were only if you were getting something 'extra'... (in my industry, it operates along the lines of "here's a wedge of cash, so sign to say you'll leave quietly and don't say anything bad about us")

JCS1

ratechaser wrote: »

Firstly, glad to hear that you have something new sorted out. But I'm curious, why do you need to sign a settlement agreement, as (from what I'm reading) all you are getting out of this is statutory minimum redundancy.

ISTBC, but thought settlement agreements were only if you were getting something 'extra'... (in my industry, it operates along the lines of "here's a wedge of cash, so sign to say you'll leave quietly and don't say anything bad about us")

Settlement agreements now becoming quite common for redundancy, the employee is signing away rights to any claims, so gives assurance to the employer.

ratechaser

JCS1 wrote: »

Settlement agreements now becoming quite common for redundancy, the employee is signing away rights to any claims, so gives assurance to the employer.

Agreed, and fully understand there can be mutual benefit to such an agreement (as per my somewhat tongue in cheek comment about what goes on in my industry, "yes please I will take 20x the statutory minimum that you're offering, where do I sign?")

However, where is the incentive for an employee to sign such an agreement when all they are getting from redundancy is the legal minimum they are entitled to anyway?

JCS1

No incentive, other than they won't get their redundancy payment. Employer will insist all paperwork complete first.