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Redundancy clauses

newtonflotman
newtonflotman Posts: 102 Forumite
edited 1 February 2020 at 11:22PM in Redundancy & redundancy planning
I have 7 years service and have been served notice of redundancy. The majority of people are leaving on 31st March 2020, with five of us staying till 30th April 2020 with a financial reward for the additional month.
Only issue is I've been served 13 weeks notice with a clause if I have a single day off I would lose all my Pilon plus the financial reward for staying the additional month.
But those leaving at end of March have same clause but only served 9 weeks. Seems incredibly unfair to have a clause placed way beyond my years of service notice period. HR state if sick would transfer to working notice. I asked if I had a day off 8 weeks in then I might as well leave straight away. She was unable to answer.
Does this seem legal. Seems to discriminate against those staying longer. Basically if I have a day off in Feb I stand to lose £6.5K yet not be in my official 7 years service notice period, yet someone staying and obviously not in a notice period would only lose half hours pay. Also asked if they decided they wanted people to work till end of August would they deem it fair to have this clause for 8 months, they couldnt answer. I have a union and those going are sticking together, looking at appeal and unfair dismissal if needed as major discrepancies appear to of taken place.

Date of appeal has already been extended by a week as management and group HR can't work out exactly what letters and clauses mean.

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 3 February 2020 at 11:03AM
    Have they have issued proper notice to terminate the contract.

    With 13 weeks on that notice [STRIKE]only about 3/4 weeks would be PILON if you left at the end of March[/STRIKE]

    edit : 0 weeks PILON at end April unless they are offering extra weeks pay if you don't take any days off


    The extra pay and bonus will both be taxable

    Stick with the union on this one.

    edit 2: does now till end of April cross the holiday year?
  • Xbigman
    Xbigman Posts: 3,906 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    First off, forget everyone else, it's what's happening to you that counts, not other people.

    You have been given 13 weeks notice of redundancy (30th Apr) which you are working so you get paid for it. PILON is 'pay in lieu of notice' but you are working your full notice so you are not receiving PILON anyway. They can't take away what you are not getting in the first place. These are basic legal rights that they can't add terms and conditions too.

    You are also being offered a financial incentive for the last month. That is extra money they are willing to give you (which is NI/taxable) and they can stick any random conditions on it that they like, but only on the extra money.

    It's not clear exactly what the extra incentive is but if its the whole 6.5k then you're extremely lucky to get that amount extra for a months work and you report for work even if you need to be dropped off by an ambulance.
    I suspect the extra money is more like a few hundred. Worth having but not worth stressing about.



    Darren
    Xbigman's guide to a happy life.

    Eat properly
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  • I've been served notice to say I will be leaving 30th April. This includes a £1000 additional 'bonus' for staying the extra month beyond everyone else. I am being paid Pilon though?. Wording states if I do not maintain full attendance I lose £1000 (fair game) but also lose all Pilon! And my notice would resort to working notice. I have asked should I have non full attendance after my 7 weeks official notice what happens, can I leave straight away?. We've all just received an extra week to appeal because of the shambles. Management meeting tomorrow, with union meeting Wednesday.

    The wording nit full attendance has caused concern and one person has cancelled his bereavement leave because of that clause. No trust in HR at all!
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