Redundancy pay

Summer69

Morning all, 
I have just been informed that I am to be made redundant (after the 45 day consultation period) . So I wanted to calculate myself all that I am owed. 

I have worked out my statuary redundancy pay on the gov.uk site.

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

I have calculated my Gross daily/weekly basic wage (not including my commission) to work out the above entitlements. 

Is anyone able to tell me if the above seems correct? And if there is anything else I should be entitled to?

Thank You 

General_Grant

Summer69 said:

Morning all, 
I have just been informed that I am to be made redundant (after the 45 day consultation period) . So I wanted to calculate myself all that I am owed. 

I have worked out my statuary redundancy pay on the gov.uk site.

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

I have calculated my Gross daily/weekly basic wage (not including my commission) to work out the above entitlements. 

Is anyone able to tell me if the above seems correct? And if there is anything else I should be entitled to?

Thank You 

Yes, but . . .
the holiday would be as accrued up to the date of termination, not a whole year's entitlement.  (I expect you were fully aware of that.)  However the employer can tell you to take that holiday during your notice period - this will either be specifically written into your contract or they just need to give you proper notice to take it.  So don't count on that as an addition to your payment as it is more likely to be included within your 12-week notice period.

sharpe106

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 
If the legal minimum is above your contract then you are entitled to the legal minimum, usually contracts have more generous terms not less but they can not enforce less.  
They can choose to either pay you the 12 weeks in one go and not attend or if they want they can pay you to attend and do no work it is up to them. If they do not want you to work most companies will just pay the notice period to get rid of you.
The notice period starts at the end of the consultation period. 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

Unused holidays yes but they can make you  take them during the notice period by giving you twice as long notice as they want you to take if they want. 

Summer69

General_Grant said:

Summer69 said:

Morning all, 
I have just been informed that I am to be made redundant (after the 45 day consultation period) . So I wanted to calculate myself all that I am owed. 

I have worked out my statuary redundancy pay on the gov.uk site.

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

I have calculated my Gross daily/weekly basic wage (not including my commission) to work out the above entitlements. 

Is anyone able to tell me if the above seems correct? And if there is anything else I should be entitled to?

Thank You 

Yes, but . . .
the holiday would be as accrued up to the date of termination, not a whole year's entitlement.  (I expect you were fully aware of that.)  However the employer can tell you to take that holiday during your notice period - this will either be specifically written into your contract or they just need to give you proper notice to take it.  So don't count on that as an addition to your payment as it is more likely to be included within your 12-week notice period.

Thank you. How would I work out how much holiday pay I might be entitled to in that case?

I haven’t been allowed to take any of my annual leave as was working on a big project from 1st January and then worked from home when we went into lockdown and was too busy to take annual leave then - but I don’t suppose them not allowing me to take it won’t change things if they can get out of paying me for it 

Summer69

sharpe106 said:

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 
If the legal minimum is above your contract then you are entitled to the legal minimum, usually contracts have more generous terms not less but they can not enforce less.  
They can choose to either pay you the 12 weeks in one go and not attend or if they want they can pay you to attend and do no work it is up to them. If they do not want you to work most companies will just pay the notice period to get rid of you.
The notice period starts at the end of the consultation period. 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

Unused holidays yes but they can make you  take them during the notice period by giving you twice as long notice as they want you to take if they want. 

My contract is 4 weeks notice so 12 weeks notice is the higher of the two 👍🏼 

Thanks for your reply 

General_Grant

Summer69 said:

General_Grant said:

Summer69 said:

Morning all, 
I have just been informed that I am to be made redundant (after the 45 day consultation period) . So I wanted to calculate myself all that I am owed. 

I have worked out my statuary redundancy pay on the gov.uk site.

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

I have calculated my Gross daily/weekly basic wage (not including my commission) to work out the above entitlements. 

Is anyone able to tell me if the above seems correct? And if there is anything else I should be entitled to?

Thank You 

Yes, but . . .
the holiday would be as accrued up to the date of termination, not a whole year's entitlement.  (I expect you were fully aware of that.)  However the employer can tell you to take that holiday during your notice period - this will either be specifically written into your contract or they just need to give you proper notice to take it.  So don't count on that as an addition to your payment as it is more likely to be included within your 12-week notice period.

Thank you. How would I work out how much holiday pay I might be entitled to in that case?

I haven’t been allowed to take any of my annual leave as was working on a big project from 1st January and then worked from home when we went into lockdown and was too busy to take annual leave then - but I don’t suppose them not allowing me to take it won’t change things if they can get out of paying me for it 

When does the company holiday year start?  Many begin January, some April but they can start any time.  If you don't take holiday in the holiday year it may be lost unless employer agrees it can be carried forward.

How much in your annual entitlement?  The statutory minimum is 5.6 weeks (28 days for someone working 5 or more days a week) but your contract may give you more.  By the way, Bank Holidays can be included in that total.  Have you taken any Bank Holidays?

sharpe106

Summer69 said:

My contract is 4 weeks notice so 12 weeks notice is the higher of the two 👍🏼 

Thanks for your reply 

If they try to fob you off on the notice period

https://www.gov.uk/redundancy-your-rights/notice-periods

Summer69

General_Grant said:

Summer69 said:

General_Grant said:

Summer69 said:

Morning all, 
I have just been informed that I am to be made redundant (after the 45 day consultation period) . So I wanted to calculate myself all that I am owed. 

I have worked out my statuary redundancy pay on the gov.uk site.

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

I have calculated my Gross daily/weekly basic wage (not including my commission) to work out the above entitlements. 

Is anyone able to tell me if the above seems correct? And if there is anything else I should be entitled to?

Thank You 

Yes, but . . .
the holiday would be as accrued up to the date of termination, not a whole year's entitlement.  (I expect you were fully aware of that.)  However the employer can tell you to take that holiday during your notice period - this will either be specifically written into your contract or they just need to give you proper notice to take it.  So don't count on that as an addition to your payment as it is more likely to be included within your 12-week notice period.

Thank you. How would I work out how much holiday pay I might be entitled to in that case?

I haven’t been allowed to take any of my annual leave as was working on a big project from 1st January and then worked from home when we went into lockdown and was too busy to take annual leave then - but I don’t suppose them not allowing me to take it won’t change things if they can get out of paying me for it 

When does the company holiday year start?  Many begin January, some April but they can start any time.  If you don't take holiday in the holiday year it may be lost unless employer agrees it can be carried forward.

How much in your annual entitlement?  The statutory minimum is 5.6 weeks (28 days for someone working 5 or more days a week) but your contract may give you more.  By the way, Bank Holidays can be included in that total.  Have you taken any Bank Holidays?

My holiday starts 1st January but they did not permit me to take any annual leave apart from one day. I get 25 days plus Bank Holidays (which I did take off work when I was working from home) so still have 24 days left to use 

Summer69

sharpe106 said:

Summer69 said:

My contract is 4 weeks notice so 12 weeks notice is the higher of the two 👍🏼 

Thanks for your reply 

If they try to fob you off on the notice period

https://www.gov.uk/redundancy-your-rights/notice-periods

Thank you, I have that link.

They have currently said that for furloughed staff (the majority of staff including myself now) we may be required to work our notice period as furlough. This means we are on only 80% of our basic salary- is that allowed?! Surely it should be full pay 

General_Grant

Summer69 said:

General_Grant said:

Summer69 said:

General_Grant said:

Summer69 said:

Morning all, 
I have just been informed that I am to be made redundant (after the 45 day consultation period) . So I wanted to calculate myself all that I am owed. 

I have worked out my statuary redundancy pay on the gov.uk site.

I have also read that I should be given a 12 week notice period (I have been there 15 years) and not the standard one month notice period in my contract. If they cannot have me working a 12 week notice period then I should be paid for these 12 weeks which will commence from the date my redundancy is finalised after the consultation period. Have I understood correctly? 

I also understand that I should be paid for each day of unused holiday leave in addition to the above.

I have calculated my Gross daily/weekly basic wage (not including my commission) to work out the above entitlements. 

Is anyone able to tell me if the above seems correct? And if there is anything else I should be entitled to?

Thank You 

Yes, but . . .
the holiday would be as accrued up to the date of termination, not a whole year's entitlement.  (I expect you were fully aware of that.)  However the employer can tell you to take that holiday during your notice period - this will either be specifically written into your contract or they just need to give you proper notice to take it.  So don't count on that as an addition to your payment as it is more likely to be included within your 12-week notice period.

Thank you. How would I work out how much holiday pay I might be entitled to in that case?

I haven’t been allowed to take any of my annual leave as was working on a big project from 1st January and then worked from home when we went into lockdown and was too busy to take annual leave then - but I don’t suppose them not allowing me to take it won’t change things if they can get out of paying me for it 

When does the company holiday year start?  Many begin January, some April but they can start any time.  If you don't take holiday in the holiday year it may be lost unless employer agrees it can be carried forward.

How much in your annual entitlement?  The statutory minimum is 5.6 weeks (28 days for someone working 5 or more days a week) but your contract may give you more.  By the way, Bank Holidays can be included in that total.  Have you taken any Bank Holidays?

My holiday starts 1st January but they did not permit me to take any annual leave apart from one day. I get 25 days plus Bank Holidays (which I did take off work when I was working from home) so still have 24 days left to use 

So your annual leave entitlement for 2020 is 25 + 8 = 33 (you have to include the BHs in this calculation).  
If you took all the bank holidays up to now, that would be 5 of the 8 used up in the first half of the year.  I think the August bank holiday would also be included in your notice period, so that would be another day used up.  And you say you have taken one other day.
You now need to work out what proportion of the year will have passed at the time of the end of your employment.  Apply the same proportion to the 33 days of your annual leave entitlement.
For example, if your final day as an employee were to be 30 September we could say that is 3/4 of the year and therefore your entitlement to then would be 24.75 days.  Deduct the 7 already scheduled to be taken in that period and you have 17.75 days to be booked (or paid for if not taken).

sharpe106

Summer69 said:

They have currently said that for furloughed staff (the majority of staff including myself now) we may be required to work our notice period as furlough. This means we are on only 80% of our basic salary- is that allowed?! Surely it should be full pay 

The short answer is who knows you can make a good argument for both, a link with a bit more reading
 https://www.employmentcasesupdate.co.uk/site.aspx?i=ed4072
But then on the other hand the government insolvency service use 100%, which is only what they use so is a nice indicator but nothing to say that other companies have to use that. 
https://www.gov.uk/government/publications/furlough-and-redundancy/furlough-and-redundancy#rate-of-pay
Not actually found anything from the government that states in black and white it must be 100% or 80%. So I think the best you can do is try to get 100% and if you can't accept the 80% and if it later get changes either by the government making an announcement or the courts making a decision then claim it back then.