Voluntary Redundancy advice.

Turbo_Ben

Hi all, new to the forum so go easy on me

I have just had an application for voluntary redundancy accepted, but I don't think they have calculated my payment correctly.

I started with the company on 1st Nov 2014. I have been told my termination date is 31 October, and I am being payed my 5 weeks notice period in lieu. Now I can see how I may be a day short of being entitled to 6 weeks notice, but my understanding is that I would be entitled to 6 years redundancy, as my notice period (although being payed in Leui) takes me into December.

Can anyone clarify for me please?

Thanks in advance!

lincroft1710

Voluntary redundancy payment is whatever you can negotiate, it is not governed by legislation.

Turbo_Ben

Really? I thought I had the same rights and protections as compulsory redundancy. That's what everything I have read so far has said.

Now I'm really confused!

Thrugelmir

Your employment termination date is the key.  

thebrexitunicorn

Your employment is terminating on 31 October, no notice period.  However, if you started on 1st November and are finishing on 31st October that will be exactly six years service (1st Nov - 31st October is one year exactly).  Your statutory redundancy should therefore be calculated on six completed years of employment.  It doesn’t matter whether the redundancy is voluntary, the statutory entitlement still applies. 

Turbo_Ben

thebrexitunicorn said:

Your employment is terminating on 31 October, no notice period.  However, if you started on 1st November and are finishing on 31st October that will be exactly six years service (1st Nov - 31st October is one year exactly).  Your statutory redundancy should therefore be calculated on six completed years of employment.  It doesn’t matter whether the redundancy is voluntary, the statutory entitlement still applies. 

Can they terminate my employment without notice? I thought I was entitled to 1 week notice for every year worked? What little information I have been able to find suggests that, even if payed in lieu, my termination date is after the 5 weeks.

Comms69

Turbo_Ben said:

thebrexitunicorn said:

Your employment is terminating on 31 October, no notice period.  However, if you started on 1st November and are finishing on 31st October that will be exactly six years service (1st Nov - 31st October is one year exactly).  Your statutory redundancy should therefore be calculated on six completed years of employment.  It doesn’t matter whether the redundancy is voluntary, the statutory entitlement still applies. 

Can they terminate my employment without notice? I thought I was entitled to 1 week notice for every year worked? What little information I have been able to find suggests that, even if payed in lieu, my termination date is after the 5 weeks.

No-one, NO-ONE agrees to voluntary redundancy which is the same as the stat minimum. 

So really no idea why youve done this?!

getmore4less

Thrugelmir said:

Your employment termination date is the key.  

Not for the calculation for redundancy if they are using the statutory redundancy process for qualifying service.

getmore4less

The termination date is the last day of employment,  this can be different to other dates used for some calculations, redundnacy service is one of them.
employment act covers all the various dates
https://www.legislation.gov.uk/ukpga/1996/18/contents

If they are using the statutory redundancy method to calculate the relevant date for redundancy then any unused statutory notice gets added to the termination date and you count full years back from that date.
https://www.legislation.gov.uk/ukpga/1996/18/section/145

As you are getting full 5 weeks PILON and a termination date of 31st Oct the date for calculation of redundancy will be Sat 5th December.
As pointed out you already have 6 years for redundancy if your last day is the 31st Oct.

JReacher1

Comms69 said:

Turbo_Ben said:

thebrexitunicorn said:

Your employment is terminating on 31 October, no notice period.  However, if you started on 1st November and are finishing on 31st October that will be exactly six years service (1st Nov - 31st October is one year exactly).  Your statutory redundancy should therefore be calculated on six completed years of employment.  It doesn’t matter whether the redundancy is voluntary, the statutory entitlement still applies. 

Can they terminate my employment without notice? I thought I was entitled to 1 week notice for every year worked? What little information I have been able to find suggests that, even if payed in lieu, my termination date is after the 5 weeks.

No-one, NO-ONE agrees to voluntary redundancy which is the same as the stat minimum. 

So really no idea why youve done this?!

That’s not true. 

If you’re thinking of leaving your job and you are offered the chance to apply for redundancy at stat minimum then it makes sense to request it. If you don’t agree they may not select you for redundancy at all. 

Comms69

JReacher1 said:

Comms69 said:

Turbo_Ben said:

thebrexitunicorn said:

Your employment is terminating on 31 October, no notice period.  However, if you started on 1st November and are finishing on 31st October that will be exactly six years service (1st Nov - 31st October is one year exactly).  Your statutory redundancy should therefore be calculated on six completed years of employment.  It doesn’t matter whether the redundancy is voluntary, the statutory entitlement still applies. 

Can they terminate my employment without notice? I thought I was entitled to 1 week notice for every year worked? What little information I have been able to find suggests that, even if payed in lieu, my termination date is after the 5 weeks.

No-one, NO-ONE agrees to voluntary redundancy which is the same as the stat minimum. 

So really no idea why youve done this?!

That’s not true. 

If you’re thinking of leaving your job and you are offered the chance to apply for redundancy at stat minimum then it makes sense to request it. If you don’t agree they may not select you for redundancy at all. 

I suppose that's a fair point, but still - VR is more than stat in 99/100 times.