Potential Redundancy- pay and notice period?

krish123

Yesterday I was informed I am at risk of redundancy. Due to business demand falling and a restructure within the department, there is only one spot to do my current role (currently there is 2).
they have created a new role for a 3rd person in our department but said neither of us 2 at risk of redundancy can apply for it as “we’re not qualified” aka they are holding this role for the 3rd person in our department who is actually currently doing this new role but not officially.
all a bit underhanded but they are going the legal route of booting one of us to get the other role filled as they can’t get extra head count.
anyway besides this I was wondering what I’m entitled to should it be me that is made redundant.
I have worked for the company for 6 years so I calculate I should receive 6 weeks pay as minimum is that correct? Is there any obligation for them to pay me any more than statutory redundancy pay and how would I go about negotiating anything more? I mean 6 weeks pay is harder much, it may take me many months to find a new job.

Also the process started yesterday with a final outcome to be by the end of the month, does my notice period begin when I’m officially told? I believe my notice period is one month, so I, guessing they will make me work that final month.

thebrexitunicorn

If you have completed six years as an employee with the company your notice period is a minimum of six weeks.  Your notice period starts when your employer informs you that your employment is ending for reason of redundancy.  The exact statutory redundancy amount depends on your age, it will probably  be around 6 weeks.  You would also be entitled to be paid for any accrued but untaken holiday, unless you have to take holiday during your notice period. 

Thrugelmir

Could you undertake the other role.  Would you or your other colleague be better qualified than the person unofficially performing it? 

krish123

thebrexitunicorn said:

If you have completed six years as an employee with the company your notice period is a minimum of six weeks.  Your notice period starts when your employer informs you that your employment is ending for reason of redundancy.  The exact statutory redundancy amount depends on your age, it will probably  be around 6 weeks.  You would also be entitled to be paid for any accrued but untaken holiday, unless you have to take holiday during your notice period. 

Thanks for this, im 29, and became a permanent employee sept 2014 if i remember correctly. so the notice period is definitely 6 weeks? i thought that was specified at the start of your contract and i always remember it being 4 weeks.

Am i able to negotiate anything above statutory redundancy pay? what grounds can you negotiate this on?

krish123

Thrugelmir said:

Could you undertake the other role.  Would you or your other colleague be better qualified than the person unofficially performing it? 

Absolutely, the role is for process improvement, which we were both involved in during the first lockdown when things were quiet however the 3rd person took a lead on this and we were told to focus on our actual role. So the decision was taken then that the 3rd person would be doing that role, and now they have officially created that role to facilitate things.

Im also going to suggest an alternative role i see i could potentially do within the business however i think it will be rejected as iv tried this avenue many times without sucess!

krish123

thebrexitunicorn said:

If you have completed six years as an employee with the company your notice period is a minimum of six weeks.  Your notice period starts when your employer informs you that your employment is ending for reason of redundancy.  The exact statutory redundancy amount depends on your age, it will probably  be around 6 weeks.  You would also be entitled to be paid for any accrued but untaken holiday, unless you have to take holiday during your notice period. 

Does the notice period start from our initial meeting informing me risk of redundancy which was 11.11.20 or when im actually told im being made redundant?

thebrexitunicorn

It starts from when they inform you that you’re redundant.   Even though your contract says 4 weeks notice the statutory period (the legal minimum that the employer must give) is one week per completed year of service to a max of 12 weeks.  

If you’ve identified another suitable role or feel the process is unfair you can raise this during consultation.  You can also raise the question of enhanced payment  if you want.  

krish123

Evening all,

I thought i would provide an update on this situation. As expected it was me who has been made redundant and am currently challenging the decision on unfair grounds.

during the first formal meeting i sat and listened to everything before i raised all of my points as to why the decision was unfair/unjust. The meeting was quickly stopped as i asked some serious questions of malpractice on the organisations part.

We recommenced the meeting today and basically they will not improve upon the redundancy package they have offered and also said they cannot discuss any of my grievances in the meeting held today and that i would need to separately raise them to the director of the company. I know this will be a complete waste of time and nothing will be done, but i feel they have done this to keep things internal to the company.

My question is do i need to say to the employer i want to take this to tribunal? I haven't had any legal representation in the process so far but would definitely need one from this point onward, whats the best way to go about arranging that, im not part of a trade union.

i outlined to them that i want the redundany package to be improved but they have said they will not do so. whats the best way to go  about this?

For now they say i just have to work as normal until i make my next move, am i right in saying that they need me to sign either the statutory or enhanced redundancy otherwise they can not legally terminate my contract?

Thrugelmir

krish123 said:

i outlined to them that i want the redundany package to be improved but they have said they will not do so. whats the best way to go  about this?

There's no obligation what so ever. Other than to pay you your statutory entitlements. 

General_Grant

krish123 said:

. . . . 

For now they say i just have to work as normal until i make my next move, am i right in saying that they need me to sign either the statutory or enhanced redundancy otherwise they can not legally terminate my contract?

They don't need you to sign anything in order for them to terminate your employment on the grounds of redundancy.

getmore4less

The meeting was quickly stopped as i asked some serious questions of malpractice on the organisations part.

Any of those relevant to the to the redundancy process as that is what you should have been focusing on.

As expected it was me who has been made redundant and am currently challenging the decision on unfair grounds.

Did you  raise issues with the selection process if you were in a pool of two, and why there was not a pool of 3 with the new job already being done by someone included in the pool selection thats what consultation meetings are for not to have moan about the company operations.

For now they say i just have to work as normal until i make my next move
Have they put you on notice yet, if not then the clock has not started  for termination.

Challenge the redundancy process with reasons with why you should stay and one of the others should go if you have any.
they can ask why you did not raise those in the consultation meetings.

AS for the "malpractice" that should be separate through the company procedures and where appropriate external bodies if there are any that have statutory powers over the business.