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  1. My son in law works for a company that cares for 2 young adults who both need ventilation care. On Saturday his client died this has led to him now being without a job. He has been told that they are not sure of what options he has. It could be redundancy so would get paid or a transfer of job but they have no other clients in this area so he would have to move. Or they say he may get neither. Does anyone have any advice they can offer?
  2. My company is undergoing a restructure and my job is being made redundant. I have had 3 consultation meetings and I have now been invited to attend my final consultation meeting at which I will be made redundant. I am currently off work with work related stress as things have got so bad that I just can't cope. I have been with the company for over 12 years. Do I have to attend this meeting or can I ask for it to be rescheduled? I know that it is only delaying the inevitable but at the moment I just can't face people. Thanks.
  3. Hi guys, I will keep this as brief as I can but presenting the facts. My boss (MD) give me an "off the record" talk to say he was making me redundant, the grounds of which are nothing to do with my performance but rather that he is wanting to take the business in a different direction. I've been working there as a permanent full-time employee for 16 months. in Northern Ireland Approx 50% of my job is identifying and completing tenders, while the remaining share is focused on raising purchase orders, general admin and telephone etc. The unusual thing is that these responsibilities will exist even after I'm made redundant but apparently to a lesser degree. The MD also claims that some other staff, "low level" staff such as factory operatives are being made redundant too although I do not subscribe to that claim. My question is this, given my length of service and the fact that the job I'm fulfilling will still be required, even at a reduced capacity, should he not offer me a salary adjustment rather than all out redundancy? Please also advise that correct procedure he must follow and what pay I am entitled to ask for? I understand I'm entitled to at least 1 week pay under 2 years, although my contract is vague but suggest one month notice. I also have 14 days holiday pay, I suspect this will be included too.
  4. I would like to begin by thanking in advance anyone who takes the time to offer any advice. I was recently made redundant, and after a couple of months still have not secured a postion. I have around £5K in savings which will last a few months. I have a motgage with santander of £253k and unsecured debts of £45k I did have a job, and was about to remortgage and repayed everything over 15 yeas, even had a mortgage offer from natwest on the table. My question is whether it is worth doing a cca on the unsecured credit card debts...if im honest I'm not 100% sure what the rules are with them.... I figure this will make the £5k go further. also is there any advice on mortgage deferral...and is it worth doing? kind regards
  5. Hello. My wife has been on long term sick leave for five years and several years ago her office was closed and everyone made redundant. In this time she has been on half pay through an insurance scheme which she paid for via deductions from salary. She is still technically employed. As the insurance is coming to an end and she feels a little better she wants to go back to work, but of course, her job has gone. They have said she can apply for other roles in the organisation but if there are none, or she doesn't get one,c an they just dismiss her, or should she now be made redundant? Thanks.
  6. Hi, we've all been offered voluntary redundancy, ahead of 'proper' redundancies later in the year. It's a big firm, so a vanilla online 'calculator' has been setup for us to get a quote on the package. However, I have a concern around the notice period in lieu being offered. Rather than it being per my contract, they look to be basing it on length of service. (But clearly calling it Notice payment, not Stat pay or Additional Service Pay). So I'm being offered 9 weeks, rather than the 13 in my contract. Some who I've spoken to has suggested that with VR, it's all based on mutual agreement, so if I agree to 9 weeks, that's what I get. But reviewing CAB's website suggests that VR is still a form of dismissal, and so surely notice should be per my contract? Does anyone have any knowledge on this? And, if I 'accepted' 9 weeks, could I later point out that my contract was different and force them to pay the remainder, or am I out of luck by then? Been full-time permanently employed for over 7 years, and there is no specific PILON term in there. *Actually, there is a further clause in my contract suggesting I get an additional 1 week notice per year worked, which would bring it to 20 weeks. I imagine this was an error, but is there on paper signed by both parties - but would want to understand the broader legal position before I challenge / raise that point!
  7. Friend and 8 staff are under threat of redundancy.The redundancies were supposed to be across all sites - but they have picked all from 1 one site.And all are over 40yrs old and staff who were TUPE over and most are long serving(higher wages).In the letter my friend was told that on 2nd assessment there was possibility that he might recieve his redundancy notice there and then -is this legal ? They were assessed on performance /absenteeism/disciplinary - just seems odd that younger (cheaper) staff are being retained.Asessment was on not what you have done but what you can do -even though 95% of job is same One staff member with poor absenteeism known to be emotional threatened management with solicitors- and escaped risk Also one worker not at risk has asked for VR - but has been rejected -even though this could save job of 2 part timers at risk My friend is not in union - but other members are- but if unions were any good it probably would not have got to this stage.Should my friend use no win fee solicitor (how do you they exactly work-as there seems to be upfront fees?) Or can he piggyback on a possible union victory? Not looking for any hard and fast advice - just a general consensus Thanks
  8. Hi all, this is my first visit I have a 14 year old son who was recently diagnosed with Aspergers syndrome, which is a form of Autism. He has obsessive tendencies, which is one of the symptoms, and as such 'demands' that I take him to his favourite places on a Saturday. I approached my employer and asked for my hours to be amended to accommodate this and was open and honest and explained the situation fully. They made me fill in the relevant forms, and then knocked me back, stating their reasons, all of which dont hold any water. They first claim cost when I proved that cost would be zero and also that they couldnt 'cover my duty' of a Saturday, when I have evidence that my job has been covered every time that I was off on holiday on a Saturday. I have since become absent due to stress and anxiety and have attempted to contact my manager by email, requesting various documentary evidence that he claims to have to support him, but he has not answered three emails. My simple question is, where do I go next? Any help greatly appreciated
  9. Hi, I am in 3rd month of sick leave from the NHS and awaiting an operation that may solve my health issues, (tumour on adrenal gland causing high BP and chronic nausea) my NHS Trust has just interviewed my grade of management for yet another restructure - the 5th in as many years -and my current post appears in the new restructure but despite being the most experienced candidate and a successful manager, (having been interviewed by email questions, due to my condition) I have been told I was unsuccessful for the job I have been doing for 14 years. No disciplinary or capability marks against my name and apart from this year we have always exceeding all targets - this year is the first year that has not happened, which is in keeping with the national trends. They have offered my role to another manager, who has no subject area experience or specialist knowledge, leaving me 'displaced' and as I am unlikely to get my operation and recover within the three month displacement period - will effectively leave me redundant. My Questions are; whilst my sick period will take up the three months do I have to consider lesser, not equivalent roles, if offered ? - I feel they may not want to pay my redundancy. Am I entitled to have the outstanding holiday pay paid to me upon the end of the three month period ? Given the widespread disbelief that I was not given this role, inside and outside the service, including service commissioners, etc. - then if this is some kind of unfair dismissal because of sick leave or politics - what kind of financial rewards are offered at tribunals - don't want to go there if it is not worth it given the stress factors and my health? Appreciate any support/advice or comments you can offer
  10. I work in the public sector my work is shift work i work 12 hour shifts 4 on 4 off it is now single manned whereas before there were 2 persons working. Its with the cctv system of my local council we had our budget cut with the efficiencies drive we were merged with the call centre where we now have to take calls from the public about everything which the council deals with as well as covering the cctv cameras in the night and now answering and dealing with the out of hours calls as well. On top of all this i am a full time carer for my mother so my health has got worse itself I'm currently waiting for a total knee replacement due to arthritis and being treated for depression. We were offered a better redundancy package for the month of october which i was keen to take up and requested my figures which were acceptable to myself. However they have now come back and told me that too many of us want to leave the other 2 workers have been on long term sick 1 has been sick the other however just does not want to do the both jobs which have been shifted to us. I was told that i may have to give up my claim to go I don't think this is right as Im now struggling to do both caring and working Im currently under my doctor the other two have gone through occ health what can i do to ensure that all is considered fairly
  11. Hi All One of my family members is currently experiencing some employment issues and hope someone could give us advice on the following and some guidance on how to deal with the issue. While there have many issues leading up to the point of redundancy i will try and keep with the current issue. He has been off sick for several weeks since Early October with stress and palpitations brought on mainly by his employment problems, specifically being informed by the company of the risk of redundancy and him having to apply for the only position available to keep is job as well as the owners son applying for the position.(which he thought was a no Win). He was given notice of his redundancy and was given a date of 17th Nov 2014, with the date passing he was expecting his redundancy Friday 21st Nov which is when the usual pay date is. He contacted the owner today to ask when he would be receiving his payment only to be told that the owner was busy and that he would contact him later. The owner made contact a little later via email. The owner alleges to have sent him a letter dated the 4th November stating that he had to remove some items that have been stored there for several months (owners consent)Apparently this is causing an environmental issue, and in the event that this was not removed in a certain time frame, he would arrange the items to be removed at the cost of nearly £500 and that this cost would be deducted from his redundancy payment. Please keep in mind that the owner has kept in contact throughout the consultation period and sickness period via either email or recorded letter. The owner hasn't got rid of any of the items and given him until next week to remove these items and stipulated he needs to remove these items and inform him of the time and who is collecting the items, so basically he is withholding his redundancy payment until this is done. To say the owner is being awkward is a understatement to everything that has happened with him recently. Your thoughts and advice on this matter would be greatly appreciated. Thanks in advance. Bridgykoi.
  12. Hi, I am currently going through consultation as I am about to be made redundant. My estimated employment end date is 31/12/14. I have been employed as a Security Officer for the last 16 years, this has been continuous employment working at just three different sites/locations. However, during the 16 years I have transferred to different employers on three occasions through the TUPE process. I have a couple of queries regarding the redundancy process, as I am not 100% sure where I stand. Firstly, I have been employed for 16 years in total and yet my current employer is calculating my redundancy package on just 11 years? They are using 11 years from the fact that I have been working at the same location/site for that length of time. I have asked if this is correct, as I believe that my redundancy package should be calculated on 16 years, which is the total length of my employment, for all sites/locations worked at, but they disagree? The second query is that although I have been offered redundancy, they have also, verbally so far, offered me alternative employment, which is what they call a "suitable alternative". They have told me though that the decision is up to me. At this point in time I would prefer to take redundancy, as I have some personal matters to attend to, and this would give me the opportunity and time I need to do this. However, I have been told that if I do reject the alternative employment offer, without good reason, then they could refuse to pay me my redundancy? Although the alternative employment is similar to my current position, there are a few differences that make it unsuitable. Enough I feel for me to be able to reject it. Firstly, I currently work 5 days per week, Monday to Friday. I do not work weekends. I have done this for the last 11 years. They are offering me a job with a shift pattern 6 days on and 3 days off. This works out as less hours a week, less annual holiday and would also mean working at weekends. Also, this new job is paid at a lower hourly pay rate. Over a year, this job would pay me £4,200 less than I am currently earning. This is not suitable for me financially, and would affect my personal circumstances as my son has disabilities and I need to be at home at weekends to help with him. Any advice anyone can give me on these matters, would be greatly appreciated. Thank you for your time. ~ secondalibi ~
  13. Hi Would you need to pay tax on the redundancy pay is you return to work for the same company after being made redundant, if so, how long do you need to leave it before returning before tax is incurred - would the same rules apply is you are employed as a contractor?
  14. Hi there, I hope I am asking this question in the correct section (Admins please change if not) Can someone help me understand section 147 employment rights act 1996 ( in plain english) with regards to what it says about "initiating rights " to claiming redundancy. my partner's job role as been made redundant. There is an interim post on the table ( not very appealing) and also a "voluntary" redundancy package ( which is basically the minimum redundancy package) on the table. My partner is wanting to understand the mortgage protection cover she has in regards to the above "voluntary" redundancy package. The exclusion policy states.... you will not receive monthly benefit for unemployment in the following circumstances: unemployment caused by or resulting from: ii) any wilful act by you;or iii) resignation or voluntary unemployment- for the avoidance of doubt this shall exclude voluntary redundancy where you initiated your right to claim redundancy under section 147 of the Employment Rights Act 1996 time is of the essence as a decision will need to be made early next week.. and this information will have a bearing on the decison Many thanks in advance,
  15. Hello Everyone, I have recently been offered terms of redundancy that i have accepted. I have reduced credit repayment arrangements in place (negotiated myself) with 6 companies that stretch back between 4 & 5 years:- I have indicated where these are getting managed by a DMC. Halifax Creditcard - Blair Oliver & Scott - 4k outstanding Virgin Creditcard- Westcot - 4.5k outstanding Tesco Credit card - 3.5k outstanding Sainsburys - Blair Oliver & Scott - 1.2k outstanding Barclaycard - 3.8k outstanding Aqua - Creditcard - £1.2k outstanding I want to consider utilising part of my redundancy to clear the debts by offering full & final offers to the tune of 40% per debt. My questions are as follows please:- 1: Does becoming redundant affect a creditors decision making in accepting any offer? 2: Because i have maintained regular albeit reduced payments for so long, might the creditors refuse any offer regardless of my circumstances? 3: Because i have had direct payment plans with some of my creditors, will this impact any agreement to the F&F payment of 40%? I should add that i have not yet secured employment with anyone else and i would also propose that i cease from the end of October, any further payments until the F&F is concluded.. .due to the consultation/notice process, i would have funds available to repay at the end of December and using the template on the National Debt Helpline, i was going to suggest that payments would be made from this date. Any thoughts/feedback would be greatly appreciated. Kind Regards, BR
  16. I have been employed as a Midwife Matron since 2003 at NHS Hospital. Recently the hospital was going through some cuts and restructuring. In the Maternity department, there are 3 Matrons. It was decided that only 2 Matron would be needed. Matron A, decided to hand in resignation and resigned her position. Now there are 2 Matrons left. It was also decided that all Matrons (previously 3, now 2) should re-apply for their positions (this was before Matron A resigned) Anyway, interview went through, I know I did very well. Only to be told that I was not successful in securing my post, which I have been responsible for in the past 9 years, with an unblemished record (no disciplinary actions, no long term sick leave or Absence) I even represented the Hospital on Radio shows and TV interviews (when in relation to Maternity related topics) The current head of midwifery (my boss) who only got in about a year ago was among the people that interviewed me for my position. I was informed by her that I did soooo poorly during the interview. I strongly doubt & deny that! to cut the long story short, my job was advertised and now, one her friends from a another hospital has been given my post! Now I have been made redundant!
  17. Hello, and apologies if this is in the wrong location or is a well worn topic. I've read through many, but I'm not entirely clear. Within the next few months I will be made redundant. I also have unsecured debts of £16,000 which I'm paying back via a DMP. I should received a redundancy payment of around £8000, and I was wondering whether it would be worth my while offering a share of this to my three creditors? Is it likely they would accept? Two are debt collection agencies (Aktiv Captial and Marlin), one is still with the original vendor (Santander). Would I be wiser to offer less than my maximum amount as an opening offer in case my creditors come back with a revised settlement amount? Obviously I don't want to rip anybody off, these are my debts after all, but I also would like to rid myself of the constant worry about money and job prospects.
  18. ok hoping someone can advise here, my husband is currently at risk of redundancy, those made redundant will not be needed after the end of august, as my husband has been with the company for 11 years he should be given 11 weeks notice or paid in lieu of notice if not required. my husbands employer is telling him that they can make him work his notice at another site, can they do this especially considering that the other sites do not generally work on the same pay, hours or even the same job role as what my husband is on so don't know how they can make him do that. plus it would most likely mean him having to travel further which means more travel fares, can they do this? I thought if he was not required to work notice at his site doing his job that they should pay him in lieu? does anyone have any experience or knowledge on this and if the costs are more to him due to extra travel fares and considering that he would be under notice of redundancy can the employer make him do this and if so shouldn't they pay him for the extra cost involved too?? thanks in advance
  19. Hi All Just a Quick question, I have been put on notice of possible redundancy, and have been told today that my roll will go and that the work that i do will be passed to another person to do. is this legal tia Lets
  20. I' hope i'm posting this in the correct place as its my first time on the site. I'm currently 8 weeks into a 12 week redundancy notice as the boss has said that we don't have any work on to keep going. So myself , another work mate and a part time secretary are finishing on the 18th July. Since receiving redundancy notice my boss has now secured work for the school summer holidays and possibly into September. On hearing this news from him i then prompted to ask him what happens to our jobs then come the 18th July and his reply was that you are still being made redundant. What i would like to know is if we all finish on the date mentioned then how would we go on if our boss was to use sub contractors to get the work done. We are a flooring business and all 3 of us have each been there for over 20 years. Thanks.
  21. Hi, I have a friend that worked for Company A since 2006. In 2008, Company A TUPE'd him to Company B. Company B was at the time being acquired by Company C. That acquisition completed in May 2010 and as it was covered under TUPE, my friend's length of service was acknowledged as starting in 2006. (8 yars of service) In 2014, Company C announced a Voluntary reducdancy scheme to which he enquired. the response from HR was that he would be entitled to 6 weeks per year worked if he applied. He duly enrolled in the VR scheme. A month later, HR informed him, they made a mistake and becuase he was TUPE'd from Company B, he was only entitled to 5 weeks per year. As he has not signed anything, he is in a position to withdraw his VR application. However, this sounds like a case of discrimination (Company C pays employees 6 weeks per year, however if you worked for Company B, you are only entitled to 5 weeks) Is this discrimination ? Thanks.....
  22. Hi All, I've got a question on redundancy and wanted to get an understanding on the level of detail or justification I'm entitled to which was used in determining if a role is redundant - hope someone can help. I've been placed in 'pool' for selection for a reduction in headcount, no change to role. The question as to why head count is being reduced (seeking justification) has been asked and the response has been that this information is not being provided. I've been invited to submit a counter proposal to the reduction via the collective consultation process, which I will do regardless, but wanted to understand if my employer is obliged to justify the reduction in business terms (do they have a valid reason, accounting or strategic etc)? Many thanks! Mr P
  23. Hi all. My partner is being made redundant soon. He has worked for the company for over 11 years & has been given the required 11 weeks notice. He suffers from rheumatoid arthritis & the company were aware of this when he was employed. As is the way with this disease, his condition has deteriorated over the years & he has had increasing, but thankfully, short periods of absence, as flare-ups have increased in frequency & intensity. The company have not been unreasonable about this & the company doctor has examined him on several occasions & confirms that he falls within the scope of the Equalities Act & is expected to have more absences than an average employee. This has not prevented action over the years though & he has been on a final written warning for some months now. He has had no absences for anything other than the arthritis for over a year, until 2 days this week with a severe cold/flu. His symptoms are always worse as one of the drugs he takes, compromises his immune system & means that he is more severely affected by relatively minor bugs. Now his manager tells him that as this is not an equalities covered absence, he is being referred for possible further action, which is potential dismissal. Couple of questions. Is it reasonable for the company to take action on just 1 non equalities related absence in over a year & can the company pursue a capability issue to dismissal with only 9 weeks of employment left? Even if they can, would it be wise? I just wonder how a tribunal might look upon this if it came to it. There is a fairly substantial redundancy payment in the balance here & with little likelihood of him holding down a full-time job as a new employee elsewhere, this money will be much needed. Any advice much appreciated.
  24. Hi,I have been reading a lot of info on this forum and wondered if I could get some advice on my situation? I have been in a DMP with pay plan since 2006, never missed a payment which I currently pay £300 per month and have significantly reduced my debts by 60% but still owe £20K. I have now been made redundant so this month have only paid £100 as I have only been paid for one week and will not receive my redundancy pay and notice pay until April. I really want to try and sort these debts once and for all as i do not know how long it will take me to find another job and cannot continue to pay the full amount with no income only my redundancy money to live of so I am thinking of ofering full and final settlements? This is what I have done so far: I have checked my experian credit report and none of the debts are showing, they all defaulted and fell of, the last one disappeared February. Interesting though yesterday when I ordered my report my score was 0!!! today I re checked and I had a score of 964, any ideas why from one extreme to the other?? I only had PPi on one flexi loan which I claimed back I have sent a CCA of yesterday to all, not sure what will come back. I am thinking this may help with negotiating a setlement The debts are as follows: Link financial 2 ex MBNA credit cards £9K CCa sent for both Barclays ex Egg £3K cca sent Robinson way and been round the houses but ex HSBC 2 bank accounts £800 approx and one credi card £2K cca sent for credit card Nat west/mint cc £2.5K cca sent Moorgate ex marks and spencer credit card £1K cca sent I informed pay plan and they are going to call me in April to discuss options bu at the moment the creditors will receive the lower payment and will not have been informed. I am not sure if I should write to them and inform them of the situation now or wait until I have received responses to the cca request. Also if I write to them now I need to send them an updated incone and expenditure list which will make no sense as my income has gone to zero and my expenditure is the same. Do I need to tell them what my redundancy package is?? Any info much appreciated and sorry for the long message!! Thank you
  25. Hi all, I am looking a little bit of advice once again, so I hope someone can point me in the right direction. I have been on Long Term Sick Leave for nearly 2 and half years now. I have recently found out that the comapny I work for, has lost the contract that I would have been working on, and the work is transferring to another part of the UK. My employer wants to offer me another position, albeit temporary for now, until a permanent position becomes available. The thing is, I will not be able to ever take up this post due to my ongoing illness and treatments, and I only recently sent in another sick line to work for another 6 months. Obviously if i do not take the position offered I understand that my contract will transfer to the new company. With my continuing illness, it is highly unlikely that I will be returning to work at any time in the near future. So my question is this, should I allow my contract to transfer and then accept redundancy if it is offered. Many thanks in advance.
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