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    • ententecordiale
    • By ententecordiale 1st Feb 19, 9:58 PM
    • 41Posts
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    ententecordiale
    Looks like it's my turn
    • #1
    • 1st Feb 19, 9:58 PM
    Looks like it's my turn 1st Feb 19 at 9:58 PM
    Hi All

    I was told yesterday that my job was at risk. I was told that my boss wanted to speak to me privately one hour before the call but he wouldn't disclose the reason for the call.

    I've been informed by mailed today that I will have another call next week to discuss further.

    I have every expectation that I will be made redundant and this is just a box checking exercise.

    I have been with the company for around 17yrs or 12yrs if they honour continuity of service when the company was taken over in 2007.

    I am nearly 52 and I am trying to calculate the redundancy. On one website it mentions notice of 12 weeks for 12 years service.

    Does that mean 3months notice +redundancy pay or is the 3months the redundancy pay?

    Appreciate any input as it is all new to me

    Thanks all
Page 2
    • ententecordiale
    • By ententecordiale 21st Feb 19, 9:10 PM
    • 41 Posts
    • 40 Thanks
    ententecordiale
    Hi All,

    Just a quick update.

    There is not continuity of service, I was wrong

    I had requested pilon for the seven weeks but they countered by offering 7 weeks notice with me working 4 weeks and being paid the last three week but not having to work it

    No matter how I want to go I will work the 11 weeks notice I think

    Hope everyone going through the same is well
    • getmore4less
    • By getmore4less 21st Feb 19, 9:19 PM
    • 36,587 Posts
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    getmore4less
    Why no continuity of service?
    • getmore4less
    • By getmore4less 21st Feb 19, 10:34 PM
    • 36,587 Posts
    • 22,528 Thanks
    getmore4less
    Will need to check but If they keep you on for your notice they may need to pay redundancy at the new rate in April.
    • ententecordiale
    • By ententecordiale 22nd Feb 19, 8:19 PM
    • 41 Posts
    • 40 Thanks
    ententecordiale
    Thanks Getmore4less

    I think they are right about unbroken service as I recall the original company went bust after being bought but will look at it

    I received a mail this evening at 5:50 stating the job at the other side of the world was urgent and had visa requirements so they think I can't meet the criteria.

    This urgent job hasn't to my knowledge been posted anywhere so far

    Letter also requested a meeting Monday to select which redundancy option I wanted.

    All seems rushed, predetermined and a box checking excerise.

    The union has been a bit useless tbh and just said "well thats the way it is .."
    • getmore4less
    • By getmore4less 23rd Feb 19, 4:59 AM
    • 36,587 Posts
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    getmore4less
    Will need to check but If they keep you on for your notice they may need to pay redundancy at the new rate in April.
    Originally posted by getmore4less
    Had a look at the relevant section and still not sure.

    https://www.legislation.gov.uk/ukpga/1996/18/section/226
    5. is the redundancy one.

    I seem to recall in the past the cap has always been at date of termination or late if full PILON, but not sure based on 5.c and 6.
    • getmore4less
    • By getmore4less 23rd Feb 19, 5:01 AM
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    getmore4less
    Thanks Getmore4less

    I think they are right about unbroken service as I recall the original company went bust after being bought but will look at it
    Originally posted by ententecordiale
    If they took it over then dissolved it taking on all the people I would argue continuity.

    if they kept it as a separate entity TUPE may apply.
    • ententecordiale
    • By ententecordiale 15th Mar 19, 7:29 PM
    • 41 Posts
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    ententecordiale
    Hi All,

    Sorry I've not updated the thread. We are at the settlement agreement stage. I stopped trying to consult my union as they were pretty useless and retained a solicitor instead

    I wasn't in the end eligible for continuous service but getmore4less, you were right about me qualifying for extra pay as I turned 52 before my termination date. Thank you!!

    The solicitor fees are being paid by my company and was worth it

    On a positive note, I have had one job offer which is a little less money than now and I was at another interview today which they said if their boss approves, then they will make an offer

    I feel fortunate as I know that at my age it is not easy and secondly not everyone is as lucky

    Will update later and good luck to everyone in the same position as it is not all doom and gloom
    • ratechaser
    • By ratechaser 17th Mar 19, 10:55 AM
    • 587 Posts
    • 498 Thanks
    ratechaser
    Firstly, glad to hear that you have something new sorted out. But I'm curious, why do you need to sign a settlement agreement, as (from what I'm reading) all you are getting out of this is statutory minimum redundancy.

    ISTBC, but thought settlement agreements were only if you were getting something 'extra'... (in my industry, it operates along the lines of "here's a wedge of cash, so sign to say you'll leave quietly and don't say anything bad about us")
    • JCS1
    • By JCS1 17th Mar 19, 4:52 PM
    • 3,916 Posts
    • 7,917 Thanks
    JCS1
    Firstly, glad to hear that you have something new sorted out. But I'm curious, why do you need to sign a settlement agreement, as (from what I'm reading) all you are getting out of this is statutory minimum redundancy.

    ISTBC, but thought settlement agreements were only if you were getting something 'extra'... (in my industry, it operates along the lines of "here's a wedge of cash, so sign to say you'll leave quietly and don't say anything bad about us")
    Originally posted by ratechaser
    Settlement agreements now becoming quite common for redundancy, the employee is signing away rights to any claims, so gives assurance to the employer.
    • ratechaser
    • By ratechaser 17th Mar 19, 5:02 PM
    • 587 Posts
    • 498 Thanks
    ratechaser
    Settlement agreements now becoming quite common for redundancy, the employee is signing away rights to any claims, so gives assurance to the employer.
    Originally posted by JCS1
    Agreed, and fully understand there can be mutual benefit to such an agreement (as per my somewhat tongue in cheek comment about what goes on in my industry, "yes please I will take 20x the statutory minimum that you're offering, where do I sign?")

    However, where is the incentive for an employee to sign such an agreement when all they are getting from redundancy is the legal minimum they are entitled to anyway?
    • JCS1
    • By JCS1 17th Mar 19, 6:12 PM
    • 3,916 Posts
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    JCS1
    No incentive, other than they won't get their redundancy payment. Employer will insist all paperwork complete first.
    • ratechaser
    • By ratechaser 17th Mar 19, 6:47 PM
    • 587 Posts
    • 498 Thanks
    ratechaser
    No incentive, other than they won't get their redundancy payment. Employer will insist all paperwork complete first.
    Originally posted by JCS1
    Well it would be interesting to see one of those tested in court, if they are trying to get employees to contractually waive any rights, impose any non-compete/solicitation terms, or include any other NDA type restrictions; and yet not offer anything beyond what you're entitled to anyway...

    Very poor show really. I do hope at least the company pays for independent legal advice for the employee before they sign anything.
    • ententecordiale
    • By ententecordiale 22nd Mar 19, 7:19 PM
    • 41 Posts
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    ententecordiale
    I must admit the first thing that crossed my mind after reading the agreement is I didn't see any advantage to me.

    They are only paying the minimum they have too and I have to sign an agreement that appears to benefit them
    • ratechaser
    • By ratechaser 23rd Mar 19, 11:17 AM
    • 587 Posts
    • 498 Thanks
    ratechaser
    I must admit the first thing that crossed my mind after reading the agreement is I didn't see any advantage to me.

    They are only paying the minimum they have too and I have to sign an agreement that appears to benefit them
    Originally posted by ententecordiale
    And did the independent legal advice you got on this, paid for by your employer, confirm that it was in your interest to sign?

    Or were they too cheap/stupid even to pay for that, thereby making the agreement even less enforceable that it already was...?

    (Makes mental bet with self as to what answer will be )
    • ententecordiale
    • By ententecordiale 24th Mar 19, 6:28 AM
    • 41 Posts
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    ententecordiale
    They raised some points about the contents and batted it back to my employer. I will sign it and move on.
    • Masomnia
    • By Masomnia 26th Mar 19, 10:02 PM
    • 17,958 Posts
    • 40,013 Thanks
    Masomnia
    If all they have put in the agreement is minimum legal entitlement then I think it is worth asking them what is in it for you if you are going to sign away your rights. Even if they only offer a small amount more if you don't ask you don't get!
    I could see that, if not actually disgruntled, he was far from being gruntled. - P.G. Wodehouse
    • ententecordiale
    • By ententecordiale 8th Jun 19, 12:38 PM
    • 41 Posts
    • 40 Thanks
    ententecordiale
    Update
    I thought I'd pop back and update this thread since the dust has settled. The redundancy is finished, I received my payment and references and left in the middle of May,

    I took three weeks off for a holiday and to sort some other things out (my mum passed away last year and I had to finish sorting out her estate and I moved abroad)

    I was offered a job on a lower salary than what I was on previously but with the prospect of moving to another department after 6 months that would put me back to the same level. I have to think about it though as I'm not sure it is necessarily worth the stress

    Overall though its not been too bad and I just wanted people to know there is hope after leaving a company after the amount of time I was there.

    Thank you everyone also for the support and help,it was very much appreciated
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