Tupe

Savvy_Sue

how much is this change worth? You say your original t&c were better for redundancy, but have you got a copy of them? 

I think this is something you should sort BEFORE the redundancy is finalised: it will be much easier to ignore you afterwards. 

Vibgirl

The redundancy pay was 4 weeks every year up to age 54, then 2 weeks each year from age 54,  so I should get total of 60 weeks pay (I'm aware maximum is 52 weeks), but now offered statutory redundancy pay which is 1 and half weeks age 41 and over so total redundancy pay would be 27 weeks.   So quite a big difference.  I do have copy of comparability statement showing all terms and conditions of employment comparing old and new terms and conditions and it definitely notes the enhanced redundancy pay.   This is causing so much anxiety, so I'm hoping to just get the statutory redundancy pay then can spend proper time appealing this, but concerned that I will lose right to complain once they pay me the statutory redundancy pay.

Savvy_Sue

Sorry, but as I said, I think you will be much easier to ignore afterwards, and I'm not sure what your legal rights would be. If you accept the statutory, you may close the door to enhanced. 

Start with a letter enclosing a copy of the comparability statement setting out what you believe you're entitled to. 

Are you in a union? If you are, use them. 

Marcon

You've been off sick for a year, so you aren't on strong grounds if your employer terminates your employment on capability grounds - could be a lot less than this redundancy offer. Think hard before doing anything...

Sandtree

Vibgirl said:

would this be good proof that the contract was not changed if I go to question the redundancy payment?

No, it’s possible the change happened the day after (subject to notice periods)

Vibgirl

Thanks Marcon, yes I was worried about termination on capability grounds after  being sick few months was gradually recovering from chronic pain and depression, hoping to get back to normal work then contracted Covid November caused respiratory problems etc and nobody can say when will recover, so this added to sick time off.  HR have been really understanding as I have worked there for 18 years so there hasn't been any mention of dismissal, just redundancy now.  I will probably accept statutory redundancy pay as not really got any energy for arguing.  Thanks for all your advice everyone

thebrexitunicorn

Vibgirl said:

Just another question please.  If I accept the redundancy payment (HR have confirmed it is statutary redundancy payment) can I then challenge the outcome afterwards if it doesn't meet the contractual obligations and I get clarification that terms and conditions were not changed from the previous company's enhanced redundancy payment rates.

Yes, you can still pursue the additional pay once you’ve received the statutory entitlement.   It might be helpful for you to contact the Acas helpline for advice about your additional entitlement. 

Thrugelmir

thebrexitunicorn said:

Vibgirl said:

Just another question please.  If I accept the redundancy payment (HR have confirmed it is statutary redundancy payment) can I then challenge the outcome afterwards if it doesn't meet the contractual obligations and I get clarification that terms and conditions were not changed from the previous company's enhanced redundancy payment rates.

Yes, you can still pursue the additional pay once you’ve received the statutory entitlement.   It might be helpful for you to contact the Acas helpline for advice about your additional entitlement. 

Seems easiest to raise the issue now directly with management. Often in these cases individual contracts are not reviewed.  Recall one company that discovered that they had inherited ex public sector employees with 18 months pay written into their original contracts. Restructuring turned into a very expensive exercise. 

Savvy_Sue

Thrugelmir said:

Seems easiest to raise the issue now directly with management. Often in these cases individual contracts are not reviewed.  

This is my reasoning also. It's possible they've just not factored in that anyone's entitled to more than SRP. Ask now, you may not need to do more than ask. Wait, accept the statutory, and THEN ask, and it will inevitably be a hassle.

getmore4less

multiple TUPE this should have been brought up at each change to confirm the liability  transferred and be sure that the enhanced is a contractual payout either through contract or custom and practice.

many enhanced payouts a re discretionary and only become contractual if they have paid out that rate at multiple times and it is common knowledge that is the custom and practice.
Some are contractual through collective bargaining.

I think this really needs to be put in front of the company and all those involved need to be behind the enhanced package with the intention to fight for it,  this is an essential part of the consultation process, if they don't have the cash they may  do something different.
Don't forget to factor in Statutory can be capped at £538pw if paid more.
Statutory is 1.5 weeks for  every full year over 41 so best to use 42 as the is when the 1st  extra 0.5 kicks in.