No opportunity to discuss redundancy package ?

Summer69

Hi,

I have just been made redundant. I received a confirmation email after group consultations simply stating my leaving date and statutory redundancy pay. I have asked HR to discuss this as I feel I should receive more than statutory as for 13 years I have been receiving a lower salary topped up with commission rather than a higher salary (my job role doesn’t require me to make commission nor do I have to hit any target to receive it- I just get it in full each month as a top up to my lower salary) HR have told me by email I won’t be getting any more than statutory and if I wasn’t happy with this I could raise a grievance. Do I not have the chance to discuss my redundancy pay without having to raise a grievance? Or do I just have to make do with statutory without any discussion? 

Marcon

Summer69 said:

Hi,

I have just been made redundant. I received a confirmation email after group consultations simply stating my leaving date and statutory redundancy pay. I have asked HR to discuss this as I feel I should receive more than statutory as for 13 years I have been receiving a lower salary topped up with commission rather than a higher salary (my job role doesn’t require me to make commission nor do I have to hit any target to receive it- I just get it in full each month as a top up to my lower salary) HR have told me by email I won’t be getting any more than statutory and if I wasn’t happy with this I could raise a grievance. Do I not have the chance to discuss my redundancy pay without having to raise a grievance? Or do I just have to make do with statutory without any discussion? 

Redundancy must be extremely unwelcome, but HR have set out what you need to do if you aren't happy: raise a grievance - so no, you obviously don't have a chance to discuss it otherwise. 

Or do I just have to make do with statutory without any discussion? 

Up to you. Either raise a grievance of 'make do', as you put it.

getmore4less

Statutory redundancy payments are defined by law in the employment act as a "weeks pay" and capped at £538
if you earn less than £538 then you can use the weeks pay if more they can cap it or pay over whatever they like.
https://www.legislation.gov.uk/ukpga/1996/18/part/XIV/chapter/II

If the commission is contractual it should be included.

Grumpy_chap

If you are only receiving statutory, then no need for you to sign a settlement agreement.

Dox

Summer69 said:

HR have told me by email I won’t be getting any more than statutory and if I wasn’t happy with this I could raise a grievance. Do I not have the chance to discuss my redundancy pay without having to raise a grievance? Or do I just have to make do with statutory without any discussion? 

That's a peculiar either/or choice you've shown. What's stopping you from raising a grievance? 

theoretica

Have you been getting your commission as normal up to now?  Because I think it worth investigating if they do need to include this as part of statutory redundancy  "Your employee’s weekly pay is the average they earned per week over the 12 weeks before the day they got their redundancy notice." according to https://www.gov.uk/calculate-employee-redundancy-pay  and more here https://www.cashfloat.co.uk/blog/money-borrowing/statutory-redundancy-payments/