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Redundancy questions if anyone can help

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Hi there, so a few days ago I was emailed my notice of termination, but I have a few questions about the situation if anyone can help.

Firstly, they haven't spoken to me except the main redundancy discussion when they were considering who to chose, they've simply emailed me the notice and not posted anything either, am I in my rights to hold off the notice for a week extra under the basis I didn't read it immediately?

Secondly everyone has an earliest notice period of 31st July for redundancy, regardless of length of service. presumably because this is when the job retention scheme ends. some staff who have been there for a year have been given an extra 4 weeks notice on top of statutory, but as I've been there for 12 years, my date takes me to the middle of August, a few weeks more than a new starter, what doesn't seem right to me, or fair.

Would it be worth me arguing these points or is it a dead end? Surely they have a duty to made the redundancy terms fair

Comments

  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The first point you can try your luck with, how did they email you at home or a work email address?
    Not quite sure what you mean for your second part, do you mean you are being given your notice on the 31st July or that is when they want you to finish?  
    They don't have a duty to make redundancy terms fair all they have a duty to do is follow the law and the contract,. They can go above either.
  • sharpe106 said:
    The first point you can try your luck with, how did they email you at home or a work email address?
    Not quite sure what you mean for your second part, do you mean you are being given your notice on the 31st July or that is when they want you to finish?  
    They don't have a duty to make redundancy terms fair all they have a duty to do is follow the law and the contract,. They can go above either.
    Hi and thanks for the response, they emailed my personal email address.

    In regards to my second question, they have given me my notice of 11 weeks, what takes me to the middle of August as I'm due 11 weeks notice. However, there are staff who are entitled to a few weeks notice(newer staff), but will be made redundant on the 31s july, what means they are getting a good 4 weeks more than the statutory, what is good for them, but seems unfair to me that they are getting added weeks of pay, while I get the statutory. 
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    True but not sure what you can do about it , they are just lucky, relative term, as they are also being made redundant. 
  • dd95
    dd95 Posts: 213 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    sharpe106 said:
    The first point you can try your luck with, how did they email you at home or a work email address?
    Not quite sure what you mean for your second part, do you mean you are being given your notice on the 31st July or that is when they want you to finish?  
    They don't have a duty to make redundancy terms fair all they have a duty to do is follow the law and the contract,. They can go above either.
    Hi and thanks for the response, they emailed my personal email address.

    In regards to my second question, they have given me my notice of 11 weeks, what takes me to the middle of August as I'm due 11 weeks notice. However, there are staff who are entitled to a few weeks notice(newer staff), but will be made redundant on the 31s july, what means they are getting a good 4 weeks more than the statutory, what is good for them, but seems unfair to me that they are getting added weeks of pay, while I get the statutory. 
    you could try and argue that they are getting contractual notice period over and above the statutory minimum and therefore you should be entitled to it too
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    All that will probably do is them removing it from the other people. 
  • Grumpy_chap
    Grumpy_chap Posts: 18,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    dd95 said:

    you could try and argue that they are getting contractual notice period over and above the statutory minimum and therefore you should be entitled to it too
    If the others are getting contractual notice, then that will also be in the OP's contract and gives grounds to ask for more.  If the others are simply getting an enhanced discretionary notice, then there is nothing the OP can do about it, but no harm in asking for a discretionary enhancement to the settlement package.

    It does depend on the detailed circumstances in part.  The case the OP describes is a bit like the business deciding to cease trading, say a retail business and the shop will close 31st July.  Option one is to tell no-one, then on 31st July, close the doors and give all staff the necessary notice based on length of service.  Option 2 is to tell all staff 12 weeks before (as that is the longest length of service notice), so some get more than required but they all leave on the same date.  In the option 2 scenario, it would be daft of the employer said to those with 12 weeks notice that the shop is closing 31st July and somehow expected those on 4 weeks notice not to find out until 1st July.
  • Hi there, 

    Looking for some advice. 

    I was advised today that my position is under consultation for redundancy (which I believe means i am to be made redundant fairly soon). I have been on furlough since 8th May. I have been with my employer 2 years 2 months. 

    The doc I signed when agreeing to be put on Furlough said: "The Furlough Leave will not be affecting any other terms and conditions of your existing Contract of Employment" - and this contract states I have a 30 day notice period. 

    During today's call they said that my pay, when put on notice, will be at the rate I'm being furloughed at now, which is a considerable amount less (around 1/3 of my regular monthly salary).

    Is my employer acting legally and do I have a case to make against them to ensure I get paid my notice period at the rate of my regular contracted salary?

    Thanks in advance, 

    OB

  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    All the government has done is made clear that the Job prevention scheme can't be used for redundancy payments. They have not mentioned notice at all. You could make a pretty good argument for notice period to be furlough pay or to be normal pay. Until the government make an announcement or it is tested in court who knows. To me the logical way of thinking of it is that notice period is still wages. You have agreed to be furloughed so that is your wages until the furlough agreement ends. When did you agree to be furloughed to? To me I would think all you can really do is accept what they offer you and if it turns out to be wrong claim it later.  
  • Grumpy_chap
    Grumpy_chap Posts: 18,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I think you should contact CAB / ACAS.
    What exactly did the letter say when you agreed to go on furlough?
    I would interpret that you only agreed to the furlough as a temporary measure and it does not affect your other terms, so if you are on notice, then the notice period is at full pay.
    You say you are being paid 1/3rd of salary at present, on furlough.  I assume that means the £2.5k cap applies and your normal salary is £7.5k per month.  
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