Calculating PILON - On-call payments?

MaxiRobriguez

Hello -

Our company is making a significant minority of us redundant in the coming weeks. I'm trying to work out what I may be due but struggling to find anything which covers the topic of on-call payments? The reason I ask is because currently I receive around £1,600 per month from on-call purposes, and have received over £1,000 per month for on-call for over a year now. It makes up a fairly sizable chunk of my overall pay and with a 20 week notice period the difference between receiving PILON for it and not will be thousands could be as much as £5k post tax. 

I've read various topics which say consistent bonuses/commission should be accounted for in any redundancy pay, but nothing specific about PILON and specifically whether on-call applies. Does anyone have an idea? Currently I'm assuming my on-call pay should be counted in any PILON, but would like to know.

Thanks.

NB: The company have confirmed no one will be expected to work their notice period. 

prowla

There is statutory redundancy, which is 1 week's basic salary per year of service, capped at 20 years.

Plus your notice period.

Plus accrued holiday.

Plus TOIL (if your company does that).

Different companies may have further additions to that.

I would guess that on-call is deemed to be above salary and only relates to actually being on-call.

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

MaxiRobriguez

For what it's worth, on-call requirement is stipulated in my contract - it is not something I'm choosing to do and asking to be paid for it...

I was assuming I would receive on-call pay as part of PILON as, if the company actually made me work the full notice period, then I would certainly be covering on-call (especially because currently I am the only one who does it). 

sharpe106

Although the below link is for overtime I would think the same should apply for on call.

 

https://www.xperthr.co.uk/faq/should-regular-overtime-be-taken-into-account-when-calculating-weekly-earnings-for-redundancy-pay-purposes/104692/

MaxiRobriguez

sharpe106 said:

Although the below link is for overtime I would think the same should apply for on call.

 

https://www.xperthr.co.uk/faq/should-regular-overtime-be-taken-into-account-when-calculating-weekly-earnings-for-redundancy-pay-purposes/104692/

Thank you - have seen similar things but they specifically say "should count towards stat redundancy"

Do you think it would also therefore apply to PILON?

sharpe106

Depends how it is worded in your contract. If it worded as you must do x amount off on calls then yes but if it just worded you will be paid x amount for times being on call then probably not, as contractual then it is optional, even if you had no real option in reality. 

MaxiRobriguez

sharpe106 said:

Depends how it is worded in your contract. If it worded as you must do x amount off on calls then yes but if it just worded you will be paid x amount for times being on call then probably not, as contractual then it is optional, even if you had no real option in reality. 

Thanks - makes sense. Unfortunately contract is just "you are required to be on-call" - no stipulation of hours.

sharpe106

Yeah I would guess then it would probably not be classed then, as in theory you could say no when they ask, but in practice you can't.