Hi I am currently on maternity leave and have just been informed formed by post that I will be made redundant. Everyone else was advised 24hrs prior in a face to face meeting with HR that I was not advised of/ invited to. I feel like I have been discriminated against as I am currently on leave. Should they have invited me in or at least phoned me after the meeting? Thanks

Evening all, my first post on here, hopefully someone can offer some advice. My wife was recently made redundant, as the company she was contracted too went into administration, and at the time her employer had no other position for her although they were really reluctant to let her go. She received all her redundancy pay and PILON. All OK so far. She signed on for JSA, presented the letter of redundancy to the job centre and JSA was awarded. Still OK. Six weeks after finishing, she received a call from her employer with the offer of a job as a position had become available. This would include continuous service provided she reimbursed the company with the payout, and the balance of the PILON. Now the problem... She received her P45 from the job centre to give to her employer, this gives a date of leaving ( IE signing off JSA) and the company has to fill in a start date. What would the employer put as her start date? If the company as they say allow her continuous service, it would appear that she has wrongfully claimed JSA. We really don't fancy HMRC on our backs. If the service is not continued, then she would have lost 14 years service, and any future redundancy payout, if she has to reimburse. Sorry for the essay, but it seems very complicated to me and thanks in advance for any assistance.

hello I need a fast answer. I am being made redundant this week with full redundancy payment but the employee offered me to continue the work for 10 more days. But they are saying to tax the wage for these 10 days by some 'over tax' 33%........ Does anything like this exist? why do they want to tax me like this? what should I do? thanks a lot everybody

Hello, Can anyone help. I am waiting for outcome of my redundancy appeal. What happens if it is overturned, but whilst waiitng i have already started new employment. Do i have to go back to old employer? Do i have to give redundancy pay back? Thanks.

Hi there, Really needing help with this issue! Currently, i own my own hairdressing business. I employ 4 staff members. One of my staff members had been acting inappropriately at work, e.g bullying other members of staff, personal appearance and attitude, turning up late for work, which forced me to give her a numerous verbal warnings. Almost 4 weeks ago now, she turned up on the busiest day of the week, seemingly under the influence of alcohol, i spoke to her about his and told her she will be given a final warning in form of a letter when she returns and was told to go home for the rest of the day. However, the next working day i recieved a phonecall from one of her family members informing me that she was not returning to work this week as she had a doctors line for "depression", it has now been four weeks, and she has provided more doctors lines to cover her off work with SSP for at least another six weeks. I have since been told by mutual friends that she is actively seeking another job and has no intention of returning, she has also been seen behaving drunk and disorderly in public, and due to the nature of my business, her clients have become aware of this and it is harming the image of my business. Is there any way i can dismiss her in grounds of redundancy as she is not bringing in any clients while off? I was wanting to dismiss her prior to this, but now i feel i'am stuck paying for her being sick (which is seemingly untrue) while she enjoys days off searching for another job? I have also discovered i'am pregnant and the stress of the situation is getting me down. I was just wondering if you could advise me on actions that i can take in this circumstance?

evening all ! i am new to this forum lark so please bare with me ! i am a mechanical supervisor (plumbing foreman) i have been employed with my current company for nine years ! last year july 2011 after consultations i was given a finishing date of 31st of july , this date was extended twice by a month taking me though to september 2011 , then i was moved to another site since my leaving date i have had no formal communication regarding my position within the company ! so im my world i have been *at risk* for over 15 months ! and could be given notice at any time ! i was offered what i consider was a very poor redundancy package , and rejected that in favour of getting my union rep and lodging an appeal, which i and my union rep listed my grievances, which were noted but never responded to by the company my question is should i keep my head down and carry on working in this manner or do i force the issue with the company and get it resolved ? , im my world, the longer i leave the situation as it is, i could have a better and bigger claim ?? looking forward to hearing peoples thoughts and suggestions many thanks plumbuk

Hello everybody got some questions if anybody could help.... I am being made redundant next month. My 6 weeks notice is starting next week. My question is: - if I meanwhile find a new job and want to start it in that 6 weeks notice time am I entitled to a full redundancy package from my employer? - how soon do I have to tell them? thanks everybody

Hi there My situation is a little complex, so I will try to explain it fully; on May 17th I was informed in writing (along with about 40 others) that our contract had been handed to another company (due to gross contravention of a compliance clause i.e. facilitation payments) and that the new company taking over the contract "did not have an office in our location" so we would be facing "a place of work redundancy situation" (due to our contracts having a location clause). In the meeting where we recieved this letter, we were also told that the new company was maintaining that TUPE didnt apply. For months we recieved no news, representatives were elected (but it was not clear if these were TUPE of redundancy reps) and every question we asked was answered by HR with "we cannot say more on this until it is decided if TUPE applies or not." Then, about 3 weeks ago, the new company decided that it would offer jobs under TUPE to staff who wished to transfer, provided they were willing to change the location clause to allow this to occur. We were informed by our HR that we didnt have to agree to transfer, but that refusal would be resignation. (this, I understand is correct, as outright refusal is resignation, but refusal to change a clause is redundancy.) They also confirmed via email to the group that if we refused, we would be treated as if redundant, even though this was the case. When asked for a decision (which we had one week to make) I emailed stating that: "After much consideration, I have decided that I am not happy for the location clause in my contract to be changed, in order for me to work for xxxxxxxx. As a result I believe that the situation resorts to that of the letter received from xxxxxxxx via yourself, as laid out in the letter dated 19th July (attached), which states that due to xxxxxxx not having offices in *current location*, I am in a place of work redundancy situation. I also attach the email from yourself which states that if anyone objects to transfer and opts out, this will be treated as redundancy. Could I please ask how soon I could have my meeting with management, in order to discuss this and allow me to gain a clearer picture of my future?" the Hr manager did not aknowledge receipt of this nor respond, so after 3 or so days, I went up to discuss this with him. He told me that he couldnt accept this email, and required me to restate my position as objecting to the transfer (something both ACAS and the new company's HR advised me specifically not to do). He also said that location was "immaterial" to my situation (directly contradicting the reason given in the letter recieved and the advice i received from ACAS). I began to calmly say that I had been advised to phrase it how I had in my email and he got veryflustered and angry and said "if you want to ge tthe lawyers involved then fine!". I replied to this that I have no intention of causing any kind of trouble or making things more difficult, but I was just acting on advice received. he restated that he needed me to change my email, could not give me any information on a potential end date and could not accept my email as it stood. He then emailed me saying " I assume your email below confirms that you are now objecting to transferring to *new company name* . Please confirm that this is the case." Now heres where it get more tricky: I have not been with the company for 2 years and hence am not eligible for redundancy pay. The company has confirmed previously by email that they will give 1 month's pay tax free in lieu of notice, to all staff regardless of length of service. In addition to this (some people on the other contract affected have already been made redundant) they are giving a discretionary tax-free payment based on salary and months served (which would account to about 1800 pounds in my case). So my question is: is there anything I can do to get them to tell me my end date? I would like to start looking for work but dont want to leave before getting the promised pay off (as this seems illogical) but this is impossible without any indication of an end date. I know that legally I am not entitled to anything, so does this mean that if I want the payment, I just have to work endlessly with no stated end date until one day they make me redundant with no notice? (those who have already been made redundant were given around 2-4 weeks notice of end date AND the payment in lieu of notice and in most cases were given garden leave for the additional 2-4 weeks). The other worry is that, as the additional payment is discretionary, unless I do precisely what ACAS told me NOT to do, this may count against me financially... (I assume that the fact that they told those already redundant the formula used to calculate this payment is of no bearing?) All I want is a solid end date in writing, because without this I am not convinced that they wouldnt wait until I find a new job and then say "well you werent redundant until a wekk after that so you get nothing" Any advice on what to do would be great. Thanks

I was wondering if you can help me to determine my next steps: I have suffered bullying (i.e. Critisism & Isolation) by 2 people in my small team - over the past few years. I have from time to time, raised particular bad issues to Line Management & HR. to no avail. At Christmas I began to suffer work related RSI - which developed into full Musco skelatal symptons - which the doctors reported was excarebated by Work related stress. During my RSI sickness - my line manager & HR were more & more hostile to me - as it was clear that they thought i was exagerating my RSI. I probably didnt help matters by requesting not to work so often in the office which I was receiving the bullying, partly because this exacerbated my RSI more than the Main office. I eventually raised a greivance against manager & HR - backed up by details of past bullying (which were out of time) After 3 months - my greivance was not upheld - I raised an appeal & Data access request. This data access request has allowed me to see more bullying & libels perpertrated by my collegues - while i was off sick iI am still Stressed on anti depressants, my RSI is getting better - but my sick record will not recommend me to future employers Last week, We TUPEd to a new company - and I was put at risk of redundancy and will be made redundant after consultation completed - at start of August. Then I must apply for jobs in the new structured contract. If not successful my redundancy will continue for my notice period (12 weeks) My Questions are: 1. Obviously - I would prefer to get my job back and the new company does have to address my appeal....even if i am going to be made redundant. 2. I have met with the new company a few times and they have not raised the appeal issue - I presume this is because the meeting are about redundancy consultation. 3. Should they raise the appeal with me before the Interviews ? I am afraid that the Interviews may be affected by what my line manager said in his hearing - if I am not allowed to put my side of the story. 3. Does the new company have to hold off announcing my redundancy until the appeal is addressed.

Hello, I have just been made redundant and I am currently preparing an appeal letter. I plan on beginning legal proceedings if thee appeal goes against me and I wondered if I could include a Notice Before Action in my appeal letter in order to save time? Many thanks

Hi there, my first time on this forum, but have been reading with interest several posts from users about Redundancy and would like some advice if you have time please. I've worked at a company for just short of 5 yrs. In that time I've had excellent reviews and am considered a good worker. About 18 mths ago I was promoted to manage a team working on a website for the client who we work with. All going great, been regularly told what a success the website was and how good we were doing. Then a few changes at the cleint end and on Wednesday 8th I was asked to attend a meeting with my line manager where I was told the cleint have withdrawn funding for the website and effectively my role will disappear. Attended a HR meeting Thursday 9th and was told unless I can find something else internally (using contacts I have or staff vacancy lists) by 23rd August I will then be put on my contractual 1 mth notice period and loose my job on 23rd Sept. No alternatives were suggested at the meeting, although I have forced a meeting with HR tomorrow (Monday 13th) to see if they have anything in the pipeline which isn't on any vacancy lists. My main questions are around the length of time I am being given. I have suffered from Anxiety attacks, stress and migraine in the past and had medical treatment to this end, this can be verified on my company records as it was about 2 yrs ago. Since this bad news I've not slept properly, had a mild anxiety attack, had migraines and can't eat/digest properly. I am keen to know if I have any medical grounds to slow the process, so I have more time to find alternative works. Any advice ?

I work for an online bingo and gaming company. They are moving their business to Gibraltar and over the past 2 months have been employing new staff in Gib on a self employed basis. 27 Uk Staff most of who work from home ( as i do) on PAYE have been given notice of redundancy and we are in consultation process at the minute. The reason they gave us for the redundancy was that as the company based in Gibraltar they are unable to pay UK employees, this is due to tax purposes. I have looked on HM Revenue site but frankly I find it hard to navigate. can someone throw some light on this for me please? Also We were all promised a pay rise in September this year and this would be back dated from the 1st July, We've been told we are no longer getting this now because we are being made redundant. Is this legal?

Hi there! I'll try and keep this short but it's a bit complex. I am currently experiencing a relapse in M.E. (CFS). I last had it 9 years ago and it took me about 18 months to get right. I have been signed off by my GP for just over 4 months. My 28 weeks SSP ends on Sept 17th 2012. My current employer did not want me to return until I could manage one full days work (7 hours) which I explained could be some way off achieving. They were happy to run to the end of the SSP period and see how I was and even wait after that for me to get fit enough to return. I am awaiting an appointment with a specialist clinic my GP has referred me to. Unfortunately my employer has been diagnosed with terminal cancer and is selling the business. I have met with the new buyer / employer to be to discuss my situation. He is not really aware of SSP laws etc and I tried to explain that it is the employers duty to ensure that by returning to work, even on a phased return, an employee shouldn't earn less than the current rate of SSP. He asked what would happen if they did, was it LAW. I said it was an employers responsibility to ensure the employees financial situation regarding these facts. I said I was ready to return to some sort of work but am contracted for three days a week and can only really manage 3 hours a day, four at a push. My job involves a deal of repetitive movement and requires we remain standing for the duration which is difficult some days for me, not others. He suggested 3 hours per day for five days but I said as I haven't tried any hours for months I honestly don't think I could commit to that. I said in some ways it would be easier to just start a new contract for four hours, three times a week and he jumped at the chance. Basically he doesn't want to pay me if he's not getting something for it, reading between the lines. His solicitor advised him to make us all redundant and re-employ under new contracts but I made him aware of TUPE and suggested he inform his solicitor of it also! I said if he didn't want me to stay and I wasn't fit for the hours required in a phased return then he should request a medical capability report once he is owner and take it from there. I won't put up a fight. I'm honestly not sure I can do a job that physical again in the future. But now I've read TUPE I see he shouldn't really alter anyone's contracts??? If I agree to less hours, I won't get NI paid and if I signed a new contract and it didn't work out I wouldn't be able to claim ESA or job seekers? So am I better to stick to my guns and see it through the proper channels, whether he likes it or not? He siad he will make me redundant then and re-employ me but said 'what if you don't re-employ me?' and he said 'there's a certain amount of trust involved'. May be so but I'm not feeling trusting. If he offered redundancy I would take it, I know it wouldn't be much, only arounf £500 plus accrued holiday but could I still claim ESA or JSA if I accepted it? I fully intend to work again but right now, this is all sapping very precious energy and I just don't think I could manage what I initially agreed to. My Husband is concerned by returning for 12 hours all at once I will getting in too deep and risking another relapse. Please do offer any legal advice you can. Thank you so much for reading. P x

I am a one man employer. I employ one person whose maternity leave payments have just finished. She is due to return to work but during her absence, though not because of it, business has slumped. I cannot afford to continue employing her and must reluctantly let her go. I have no other job for her to do and am not planning on employing anyone else to do her job. Can anyone advise on the correct procedure and what her rights are ?

This is a bit of a long shot, but I wonder if anyone knows the answer. ET case for constructive dismissal won without question. It was never about the money, more proving a multi-million £ company should still play by the rules. At the time of the case, I wasn't aware that I had to put together the financial details of what I was claiming - thinking the Court would make an award on what they thought. In the end, I claimed loss of earnings up to the date of the hearing, which wasn't a huge amount (petty cash to the company involved), and although the ET recommended I claim for future loss of earnings, as I was then self employed, and obviously hoped there wouldn't be, I declined to do so. Now I really wish I had, as due to the recession, the business lost a considerable amount of money to start off with. I know it's a long shot, but is it possible to have the claim re-opened and re-assessed? I'm reasonably sure it's not - but there's no harm in asking?

Hi everyone , Hope someone can help me. I am 23 weeks pregnant and i am really frustrated. I am working in a company from last 5 years. I went recently to a long holiday . Before i am going to holiday i know i am pregnant. but i informed them that i am pregnant after coming from holiday, when i was nearly* 20 weeks. Before i went to holiday, they never said anything about redundancy, after coming from holiday and after telling me that I'm pregnant,*within 2 weeks they started an informal meeting, saying.. they got drop in their work, so they need to reduce the cost of employment... we got 3 members working under the manager..* we 3 of us do very similar work... one person does little bit less programming and he works 3 days per week..* and two of us do more programming.. My manager said becoz he does little bit, the redundancy will go between 2 of us.. I don't know whether it is fair or not between 2 of us. i don't know why he is not included. In that meeting they said they will find some other job* in the company, and if not we will go for points procedure. Today after 1 week informal meeting,they asked us, before going to all the process, anyone interested in voluntary redundancy, They offered 2 things, if any one of us take voluntary redundancy 1. they don't need to pay back for extra holidays they used. 2. and they will give £500, plus 5 weeks redudancy pay(i worked 5 years) plus 5 weeks lieu notice.(it will come either of the process *voluntary redundany or normal redudancy) and they also said there are no other vacancies at the moment. so if no one takes any voluntary redundancy, they will go for points procedure. and decide one of them is going to be redudant. from past 5 years, in two of us, he is doing more work than me i definitely know , he will gain more points. But it is like that from years.* He is always doing more work, becoz he is working past 10 years i think.* The main point is , they always focusing me. They are not giving any information (how much redudancy he will get etc..)to other person. *And he is not asking anything at all.*He is behaving as he knows he is not going. I am not feeling it is fair at all. i don't know whether to take the voluntary redudancy or shall i accept points procedure and go for tribunal.I am taking so much pressure which is not good at all, at this stage anyone please tell me whether it is good to go tribunal. Before they said , they can't pay smp. but later they said they will. becoz i am so far with the pregnancy. they said they can give £500 money if i go for voluntary redudancy+ no holiday due pay I am not at all happy with £500 . They are doing redundancy and they like to pay £500. My friends saying ask more money £500 is not good at all. Is it legal asking for more money. I need to decide this within 1 day. Becoz they gave me the time by thursday Any advice on this will be very much appreciated. Thank you very much for reading and my long story and your help.

Hello I received an out of court under 4 and a half thousand pounds in October 2011 and I am doing a tax return - I was wondering as I was taxed some money off it should this be put on my Self Assessment Thanks

I am pregnant and being made redundant. My qualifying week will fall within my notice period (if I choose to work this). Will I still be entitled to SMP? If so, am I also entitled to any other benefits such as accrued annual leave for the SMP period, keeping in touch days etc. Thanks for any advice!

Hi, new here and wonder if anyone can give me some advice. My partner has been working for the council for the last 13 years as an IT manager in a school. Now part of the Building Schools Future project an external company is taking over all IT support. Today my partner received a letter stating that he would be TUPEd over on the 1st September but that under a review of the services at the school the only need 1 member of staff (there is currenty 3). They state that there are other vacancies over the area and if they were sucessful at interview they could be redeployed into as a suitable alternative to redundancy. Im a little concerned about this, it all seems a little underhand. If he does get another position the TUPE will not apply, so does that mean he could get this new job, but they then decided he is not needed and make him redundant, and because its a new position he would not be under the terms and conditions of his previous employment and not get any redundancy pay. It seems from other schools that they are offering an extra £4000 ontop of a pretty huge redundancy payment so that you dont take things any further....to me this shows that what they are doing is maybe not legal and want you to just shut up and walk away. Im just really confused with it all and rather worried, we have 5 children to support so we really cant afford him to lose his job, even if he does get a good payout.

Redundancy - How far can the company make you travel to relocate, instead of paying redundancy? Today i have been told the company is closing my place of work. I am due to start my 90 days consultation process. It has been suggested that i relocate to another branch. This branch is 23 miles away. I don't drive. I will have to get two buses and it will take me between 2 - 2 1/2 hours to get to work. (never mind get back) So a possible 5 hour round trip. I will have to leave the house at 6.30am and won't return until 8.30pm. I am currently learning to drive but will not pass my test by the time this is proposed. I have worked for the company for 7 years. The new contract they are offering me is generally the same as i am on now. Same amount of hours, similar days (full time, fully flexible), same pay, (however they are considering whether to pay my extra expenses to get to work) One difference is i would be working more weekends than in my previous role. The company states the following, "if an individual declines an alternative contract/job role which is different from their previous contract job role they will be entitled to redundancy. If however an individual is offered a contract/ job role which is the same as their previous role contract/ job role, with no changes to their contacted hours, days or work or rate per hour then they would not be entitled to redundancy." Furthermore, I checked my contract and it states the following, "The base location of your employment is (****** the name of my town) althought the company reserves the right to amend this as the needs of the business demand and you may therefore be required to work in alternative locations either on a permanent or temporary basis." Please help. Do you think I am entitled to redundancy pay if i chose not to take the job at the other branch? Kind regards Waltolla

I'm in a redundancy pool. After having group consultations I now have to have an individual interview regarding how many points I have been allocated, length of service, etc. Does anyone know if I will be told if I am safe from redundancy or not or will it be just to tell me how many points I've scored. I'm just wondering what to expect as I haven't been in this situation before.

Hi , i have been given a redundancy calculation from my employer based on my full time earnings. I am currently on a rehabilitation to work programme after an illness that lasted almost two years. I only work 20 hours at the moment and wondered if the redundancy payment would still be based on my full time earnings or would it be lowered based on my current working hours. My employer has not indicated that it would be lowered if i take it but after looking on the web i am unsure on the situation . If it was lowered could this be dscriminatory as i am unable to work full time hours due to disability which my employer is aware of. Thanks

I was on mat leave but got made redundant due to a merge of depts and there was a suitable new role. I was made to go through the whole interview process etc and was 'unsucessful' for one of the new roles. Since i left on mat leave (last april) the company had been taken over and there is a new manager that i had not even met till i got called in for the 'at risk' meeting. I have received my final pay, redundancy pay and p45. I appealed stating that i did not want a job due to breakdown in relationship and feel demeeded by the whole process. 3 weeks later i received a letter saying my appeal was upheld and i should contact my manager to make arrangements to go back. I do not want to go back and made it very clear, i want compensation for loss of earnings till i find another job. I have tried to consiliate with them through acas, but (3 weeks later) are not willing to conciliate and will defend any claine stating that they made a simple mistake that they imidiattly put right by offering a job, they don't believe there is any breake down in the relationship of breech of contract!! My questions are:- if i go to a tribunal how likely is it that the outcome would be a job? and if that is the out come would i have to go back. what would happen about the redundancy money i have already received? Do i really need a solicitor? i really can't afford one. I only have 10 days till the ET 3 month deadline as they have dragged their heels! Thank you

Hi all I was made BR in January this year; My employer has just informed me that I am entitled to voluntary redundancy, which I am seriously considering due to personal reasons. (referred to in other threads) I have been separated from my wife for two years and am wondering if, firstly the OR will claim any payment that I get and secondly, would my wife (and two dependent children) be entitled to half of this payment?

Hi all, Unfortunately my employers are relocating and the move will leave it impossible for me to continue working for them. I will be offered a redundancy payment (Approx £1700). Will this have an affect on any benefits i may receive when u become unemployed. I must point out that i will be unable to look for other work as i will be caring for my own 2 children (3 & 2).