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  1. Hi All, Well had the following news from my employer today called me, at present i drive a van all around the UK full time contract, my employer to called and has informed me that due to the increased costs in running the delivery service from their northern warehouse, they will be moving the delivery service to the area to which most delivery are being complete ( London ). They will be sending the vans down to London full time, and they will be employing drivers from the London area to do the job which iam currently doing ( big shock ). Can an employer treat me like this i have never been sick off work and been full time for 19 months. Their are about 10 drivers who have been called regarding this matter and so far the employer has refused to even offer the work to its current staff. 1, Can the employer make me redundant 2, Is the employer breaking the law making me redundant with out offering me a move. 3, I get paid monthly what notice do they have to give. just so upset the way they called, not even sorry they state is down to costs, however we feel they are just rail roading the drivers out of work. Again i asked if we could take the london driving work and they refused to disscuss the matter any more. we are now waiting for the letter stating your finsihed. Just can not be right the way they are treating me and the others. Can anyone help regarding this matter. Cheers
  2. My wife has recently been given her notice period letter for redundancy from her job along with 15 other members of staff. She has been given a 4 week notice period and is required to attend work as normal and complete her usual duties. Once the 4 weeks are up her employment will be terminated and redundancy package paid. My question is what is her date of redundancy? Is it the day notice was given or the final day of employment which will be 4 weeks later after she has worked the notice period. This is a very important question to us as it will determine whether she receives statutory maternity pay or not. Thank you for any help offered.
  3. Hello Has anyone had experience of being made redundant while in recipt of PHI? The situation is a mass redundancy due to office changing location (over 500 staff) I am on PHI until i no longer meet criteria (death, employment ending, get better ect) I have been told i will be getting a compromise agreement and am awaiting this now. my question is, because i am losing my benefit will they give me a settlement (lump sum) on top of my redundancy (im not being greedy but i know i will not be fit for work for a long time) any help would be great
  4. Hello all, I'm so sorry if this is all over - its very complicated - i do forget things so if something is not making sence please ask/tell me so i can explain I am on long term sick and have been covered by the workplace policy for PHI with UNUM. (i have been employed since 2005) As the policy is with my employer i can not get any information direct from UNUM, i have to speak to my "line manager" The situation that has now occurred is... The business site where my work is based is closing with over 500 people being made redundant. I am still awaiting to be told officially about this, my income will cease end of June. No one can give me information about what is happening. I was told i was not included in collective consultations due to not having my address or phone number on system (i receive a pay slip every month, so they do have it) - they got in touch with me via a work friend and facebook. From what has been hinted at via emails - the PHI scheme will not cover redundancy so i will not be entitled to any pay out (ive read about sat redundancy and i would qualify for this) I suffer with depression and anxiety - obviously the situation is not helping me While i am gutted for all my work collages who are in the horrible situation (lots have already left and in new jobs, yey!) I just feel totally pushed aside and going to find out last minute that my life has totally hit the fan can some one please help with these questions 1. should I of been contacted to be included with the 90 day consultation (i read something about they consult with reps, would that be reason that they did consult i just couldn't get hold of?) 2. as i have been employed for 8years my minimum notice would be 8weeks, this date has now passed - what does this mean? 3. can the refuse to give me the enhanced redundancy as i am on PHI 4. Holiday entitlement - do they have to pay me for all unused holidays or because im on PHI i am not entitled? 5. i can not remember signing anything to say they t&c's of my contract had changed when on the PHI scheme, so can i lose out on my benefits Im so sorry i have a million and one questions but im so stuck. If any more information is needed im willing to give it, thanks for reading x
  5. Last week at the retail store where I am working announced {May 1st) that we would be shutting the manager read out an official letter saying that no-one would be made redundant, everyone would keeep thier terms and conditions and would be placed in stores near where we lived. Clearly it was a impulse decision by the company as we have to have vacated the store by tomorrow. It seems that they have now realised putting extra staff into other stores will put an excessive strain on the remaining stores budget (no **** sherlock). We were told that we would know our new stores by today. Nothing happened. I now have it on good authority that most of us will be made redundant in the morning. Are they able to do that ? How shall I respond ?
  6. Calculate your armed forces redundancy benefits READ MORE HERE: https://www.gov.uk/armed-forces-redundancy-calculator
  7. I work for a large shipping company that is in the process of stream lining the business. Due to this one of our shore side kitchens was closed. The staff there where to be made redundant unless some one from the shipping side of the company would swap contracts with them, thus taking the voluntary redundancy in their place. The head chef from shore side said he would like to try working on board ship. So the company gave him a month’s trial to see weather the shift patterns will work for him. He informed them that he would like to stay so the next step was to find a replacement for his redundancy. I was said person, I was offered the redundancy on Sat 06/04/13 and asked to consult with my family as they needed my answer by Monday 08/04/13. I have formally accepted the deal, which I did on the Monday as requested, I have interviews lined up. Iwas due to formally leave 20/4/13. But on the 09/4/13 I received a call to be informed that this is now not going to happen, as the man who said he was staying has now decided instead of staying he wants to take the redundancy. Where do I stand from a legal position? I am aware that a redundancy offer can be withdrawn up until it is all legally signed but surly if the person had not signed a new contract stating they where defiantlystaying a redundancy should not have been offered to me, let alone the formal forms being completed. It seems that the other person was given until Tuesday to make his final decision but I was asked to decline or accept by Monday (the day before), should they not have had his decision before even offering it to me.
  8. Good morning I have just been advised that my company is closing and we are all being made redundant. I started with the company on May 9th 2011 and my last day of work is 8th May 2013. I've been advised that I am not entitled to any redundancy money as I am one day short of the entitlement period:mad2:. Does anyone have any advice on this? Many thanks
  9. My husband has been made redundant from the Armed Forces. His payment for redundancy was above 30K,this was all TAX FREE!!! Can anyone tell me how much of this should be declared to tax credits,if any of it should be? This was a tax free lump some,no pensions etc until 65. We are currently not claiming any benefits and are living off this money.
  10. Hi, I am looking for a little advice. I have an appeal against redundancy meeting coming up, and papers will be exchanged next week. My last day at/of work was end of Jan, and I received my redundancy settlement at that time. I am appealing on the grounds that the redundancy process was flawed, and I was targeted after raising serious concerns about health & safety. I believe I have a strong case supported by a large amount of evidence. I had been treated unfairly over a 2/3 year period and 2 years ago suffered depression & a breakdown. I returned after 2 months sick leave and a risk assessment was undertaken, which was then promptly filed and ignored. I suffered a relapse late last year and was off for 2.5 months. On meeting with OH to discuss a phased return I made mention of my specific mental health diagnosis, and expressed disappointment that the previous risk assessment had been ignored. This was shared with a senior manager. Despite being assured I would be supported this time on my return, management did not contact me once between my returning and my leaving date 4 weeks later. My health has been seriously impacted upon and I am currently unable to work. Additionally, I do not foresee being able to work full time in the near future, nor ever in a particularly stressful environment. Efforts to redeploy me were insincere and since leaving several suitable alternative positions, some which I knew of, have now been advertised. I am not looking for reinstatement, but for acknowledgement I have been unfairly treated and compensation for same and injury to health/feelings. A senior HR manager is aware of this and suggested I might take specific detail to the appeal meeting. So, my queries: - how much detail should I go into at appeal and the papers I supply for this? - if it were to proceed to tribunal what would be the best way to proceed, ie: unfair dismissal, discrimination, whistleblowing?? - what exactly should I take into account when arriving at a suitable compensation figure? Any help or pointers most gratefully received. Many thanks. Cheeselet
  11. Hi Looking for a bit of advice to my entitlements, my employer has lost a contract i work on and has informed myself i am now under tupe to the new company who has taken on the contract. I have been asked if i would be willing to relocate to the new companys site ( approx. 120 miles away) which to me is an unreasonable request. The answers i need help with are, If i turn this relocation down am i entitled to redundancy? If so how much notice must i receive (i have 8 years service)? My employment passes over to the new company on 1st July, can they serve me notice bfore this period? Many thanks in advance
  12. I was recently made redundant and my employer has paid my 10% salary contribution but also taken 5% from my payment in lieu of notice. I was told that my payment(5%) would not be taken by an advisor - was this incorrect advice?
  13. Hi just wondering if anyone can help me with a bit of advice, the company i work for is planning to shut down but they have another place which is a 45 min drive from my house , i currently only take about 10-15 mins to get to work so this is just to far to travel to work. i have been working for the company for almost 9 years and would prefer to take redundancy but this has not been offered yet and rumours are that they might not have to give us redundancy if they offer us a job somewhere else even if it is so far away from my current location of work. i have spoken to c.a.b. and they asked if i have a mobility clause in my contract, i've checked my contract and it doesnt mention the words mobility clause but does say "we may ask you to work at other areas of the company depending on business demand" What i kind of really want to know is can i force my company to give me redundancy if i dont want to travel to work this far, there are other issues as well such as if i finish work at 2pm i need to pick my 3 children up from school at 3pm so it doesnt give me much margin for error if traffic is bad and i get held up(the journey takes 45mins) I have joined unite the union but am waiting for my registration to come through. It is also rumoured they will give us some sort of petrol allowance but this will only last so long, surely my company cant force me to go and work so far from were i currently work. Thanks for any help given.
  14. HI All, Seen this Forum and was really impressed. So though I should join and ask advice. I currently work for a NHS department and am contracted an average of 4.5 hour per week in 1 role. On top of this I usually work an additional 15-20 hours per week in the same department but carrying out another role. (Hope you follow me so far) As the NHS is going through changes, the contract for the second’s role has been won by another company and the majority of staff working on this role is being TUPE'ed across to the new company, now this includes some people who are on Zero hour contracts. My query is that because my contracted hour are for the work which is staying within the NHS my line manager has said that I do not qualify to be TUPE'ed across even though the bunk of my hours are with the job role which is moving. As you can imagine I stand to lose hundreds of pounds because of this, I have continuously carried out both roles for 10 years. Could anyone advise me if what my line manager has said is correct please? Kind regards Craig
  15. Following my previous thread, I have received my final pay and P45, however I have not been offered any form of redundancy. My fixed term contract ended on the 28th December and, after requesting a letter, I received confirmation that the reasons behind the no-renewal of my fixed term contract were a lack of work to justify keeping all full time employess. So, it is my understanding that in order for a redundancy to be genuine it must fit 1 of 2 categories, under the Employment Rights Act 1996 a dismissal is perceived to be enacted by reason of redundancy where there is diminshed requirement of the business for employees to carry out work of a particular kind. So it appears that I have been made redundant, but not offered my statutory redundancy despite having worked continuously on successive FTC for just over two years. Am I right???
  16. My husband, who is the family breadwinners since I am on incapacity benefit, is being made redundant - at the age of 58! A few years ago I entered into (and paid dearly for) a fixed term arrangement with the co-op. This only comes to an end in 3 years' time. Given the situation, and the relatively small amount outstanding on the mortgage, the redundancy pay will just about cover it. What it won't cover, is the costs involved in settling up early - penalties and exit fees amount to over £1000. Does the Co-op Bank have any history of relenting on this? Is there a way in which I can get them to waive these fees. Thanks for any and all advice.
  17. I work for the NHS, and due to recent concerns regarding another NHS trust winning the bid to do the work we currently carry out, I have applied for other jobs and been sucessful and offered another post, although I have signed no contract and have no start date yet. Since my interview there has been a consultation meeting and the other nhs trust is now Taking over the staff (via TUPE) and offering redundancy to current staff. My prospective new manager is happy ot defer my start date for my new job as it is my understanding in the NHS terms and conditions there needs to be a 4 week break after taking redundancy before taking up another NHS post. My question is this- does the 4 week break constitute the time at which the old contract is terminated and contract begins, or would the fact that I have a job offer mean I am not eligible for redundancy?
  18. i am a senior project manager for a construction company. I was called into the directors office on wednesaday 12th Dec and advised MY JOB was at risk. i was informed that they would help me with alternative employment both within the group and externally, but not to "hold my breath" re alternative work with the company. however, two days earlier I had been asked by another branch for a reference on an old colleague (from another comapany) for the position of project manager. I subsequently received a letter on 13th confirming discussions that my job was at risk and that the selection process had been completed (i was not advised in the brief meeting that the selection process had been completed) and i am to attend a consultation meeting on 17th Dec'12. I have been employed with the company 19th months. On the 13th dec'12, my line manager advised my site team and client i had been made redundant and confiscated my company laptop, which I accidentally left on site and a colleague was going to bring to me. Question; Are the company obliged to tell me who and how many of my colleagues were in the pool for selection and should this selection process have been made known to the individuals in the pool as opposed to being carried out apparently behind closed doors? Is there a minimum consultation period and should i fail to attend the meeting due to illness (i am worried sick) what will happen?
  19. Hi all, This is my first post on the forum. I am a single father of 2 children (3 & 2). The children live with me fulltime. I am currently employed and work 37.5 hours a week. I have a childminder look after my children while i work. My employer has just announced that they plan to relocate 47 miles away. With the added costs of childcare alone, i simply won't be in a position to survive financially. I have spoken with my employers and they are willing to consider compensating me with an increase in salary, however they have indicated it unlikely. I have been with the company for 4 years. Have i any right to request a redundancy?
  20. Feeling so confused so apologies for this.. My boyfriend Mark has worked for a small company for over 2 1/2 years and they are currently facing financial difficulties. 2 months ago his boss suggested a 10% paycut to all 8 engineers to get them through the next few months. This was collectively agreed. One month later Mark went into work and he and another engineer were given a letter stating that they were being laid off for 3 weeks and if things hadnt picked up by then, then the redundancy process would start. With 3 young children, losing a wage for 3 weeks was scary. Mark spoke to ACAS and they said that they couldnt actually do this and suggested he not sign it. He told his manager who then called all engineers in for a meeting and 2 other engineers offered to take time off unpaid. They were told that these engineers would then not be included in any future redundancy process (although this was not stated to Mark when he was informed he was being laid off). Anyway, this evening he received a letter inviting him to a disciplinary meeting due a customer complaining about him, and also included vague comments about his attitude and unhelpfulness. It also included a line that if it was deemed to be gross misconduct he would be dismissed there and then. He did have an informal meeting with his senior team 3 months ago about another customer's complaint, a friend of his bosses but there was no written warning. Apart from that he has never had any criticism of his work, was given a good report from a recent appraisal from the company's major contractor. He's tried to through to acas tonight but no luck so far. He was told that one of the factors for considering redundancy would be disciplinary history, as well as geographical location (which they stated in his orginal lay off letter was a reason they were choosing him) He can bring a colleague to the disciplinary and is going to ask for details of the complaint . However I fear that he could go to a disciplinary, get a warning and even if he appeals it as it is such a small firm, with no other managers, his disciplinary would be upheld. He doesnt have a contract, although he did ask his senior engineer about this not long after starting and was told that having a written contract would make life harder for all engineers as it could state they have to work more hours etc. Its a horrible company and I would love him to leave and get something else but the thought of him being out of work just weeks before christmas is just gutting.. Any helpful comments would be massively appreciated. Thanks
  21. Hi there, I recently started a new job, about 4 months ago. I had a 6 months probationary period.. At the same time the company took on 2 other new sales guys. Now 4 months down the line all our sales figures are quite poor as the industry is in a slump and the company basicaly tried to expand too quickly. The two sales guy who were already working for the company, there figures are also down. Me and the other 2 sales guys were called in today for meetings separately where we were told that they are restructuring the company and this means that atleast one of the sales positions has become redundant. They said that they wanted me to go away and think about alternatives to me being made redundant over the weekend and meet with them on monday to discuss. Out of the three sales guys I had no prior industry knowledge and the other two guys had years. I feel that if they are going to let someone go it will be me even though my sales figures aren't the worst. The guy who had about 25 years experience and has tonnes of contacts his sales figures are much worse than mine.. I really don't know what to do.. What do they mean by alternatives??? how should I present on monday??? and what rightys, if any, do I have? thanks, Tom
  22. can anyone help with this ,i was made bankrupt and i have to pay money every week for 3 years ,if i get made redundant from my job and dont tell them and just keep making my weekly payments and spend my redundancy payment then they find out ,whats the worse that can happen
  23. Hi Could anyone tell me - if a person has a choice of taking redundancy or accepting their employers offer of going into a redundancy pool can they find out who will be in the pool beforehand? Also, does there have to be a minimum amount of people in the pool or is that up to the pooling criteria of the employers?
  24. Hi The company I currently work for as a chef is in the process of being taken over. Our TUPE consultation period has begun but I'm still a little baffled by my rights and what I can expect if this ends up in court:!: The newco have told us they envisage the premises being closed 3/4 months for refit. They have said our options revolve around temporary transfer to one of their other outlets (closest one being a 25 mile journey for me), unpaid leave, lay-off or redundancy. As I see it: -Transfer to another location wouldn't be possible for me. Commuting times, travel costs, added childcare costs etc would make it financially untenable without a substantial pay increase -Unpaid leave, again, would be financially untenable -Redundancy is certainly not my preferred option. They seem to be a good company that offer extremely good training packages and the opportunities for career development would be great. Also, I have only worked for my current employers for 15 months so would be entitled to nothing. -Lay off. As I understand it, because there is no clause in my contract allowing lay off on only statutory guarantee pay I would have to be given my full wages? This, obviously, is my preferred option I guess my questions revolve around: -If I ask for lay off at full pay do they have to give it to me? -If I refuse the offer of work at one of their other outlets do I weaken my position or indeed invite forced redundancy? -If I where to be made redundant would I have a case for unfair dismissal? Sorry for all the questions. Sorry for the rambling! Thought I had all this figured out yesterday, starting to worry the more I read:!:
  25. Hi, I wonder if anyone could help me please. For the last 3 months i have been serving my notice period for redundancy, approximately 4 weeks before the end of my notice period i was suspended on full pay for alleged gross misconduct. A disciplinary meeting happened and they made some noises about dismissing me, but never actually did. My notice letter was dated 6/8/12 so i believe my notice period started on the 7/8/12. In there letter they never actually indicated when my last date of employment would be, but i worked that out to be close of business 29/10/12. Meaning that as of today 30/10/12 i am no longer employed by them and also meaning that i can no longer be dismissed by them. I am wondering how is the best way to play this ? My idea was to send a letter (recorded delivery) stating that my notice period had now expired and i am no longer employed by them and i now require payment of my redundancy pay. Does that sound like a good idea ? they have also not payed me for the month of October, i am payed monthly on the 28th of each month and i'm still to receive this. i have sent them a letter requesting they pay that within 7 days. any help would be much appreciated
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