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Last Thursday, about 20 minutes before I was due to leave for the day, I was called into a meeting with one of my bosses and informed that due to the current financial climate, my job was being merged with another position in my office.

I was then told that I could apply for that job should I so wish or opt for redundancy.

I was briefly told what they would offer me and they said they'd send me details in the post and I was to let them know on Tuesday 11th November my decision and am now on holiday and not due back to work until Monday 17th November.

 

So, today I got their offer in the post and while it seems to follow the government guidelines, I'm just not sure:

 

I've been an full-time employee for 2.5 years so I'm being paid the statutory payment of one week for each full year worked. They've also stated that they will pay me for the holiday days I've not taken and an additional payment as a bonus.

 

However, they've made no mention of whether I'm being paid for the work I've done so far this month.

Also, according to the letter, they are terminating my employment on Monday 17th November (so I won't actually be going back), and according to my contract, they have to give me 2 weeks notice, and I believe this is law too? Can someone verify this for me?

I'd much rather work out my notice period as I need to go back to collect my stuff and I'd like to tie up all the loose ends, not least because I manage the office and I'm the only person who knows all the passwords and stuff!! Also, it takes me up to our next pay day, and I'm hoping that they have to pay me for the work I've done this month and for the notice period - and this gives me a whole months pay on top of the redundancy pay.

 

Or have I got this all totally wrong and that they only have to pay me redundancy and don't have to give me any notice or pay me in lieu of notice.

 

Oh, I just thought I should point out that I'm definitely opting for redundancy as the new position is for a less money, the hours are different, the job will be alot more demanding to the point where I don't actually think it's doable. Mostly though, I've been considering leaving for a while and now seems as good a time as any..

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I've been an full-time employee for 2.5 years so I'm being paid the statutory p according to my contract, they have to give me 2 weeks notice, and I believe this is law too? Can someone verify this for me?

 

Sorry I don't have time to answer your whole post right now - but yes the stat minimum notice for an employee with 2.5 yrs service is 2 weeks. This cannot be shortened but they can of course pay in lieu, but such payment would have to be 2 weeks wages.

 

In addition you are entitled to SRP and payment for accrued but untaken holiday.

 

I would seek advice as it doesn't seem that much, (indeed any) consultation took place here, and this alone could make your dismissal unfair

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Hi

 

The redundancy payment due would depend on your age. If you are over 41 it is 1.5 weeks for each completed year of service.

 

With regard to the consultation period if the number of staff to be made redundant is less than 20, then there is no legally specified time. However, there should be "meaningful" consultation to allow you to put forward any proposal to keep your job or find a suitable alternative. This would depend on the discussion that they had with you last week and if they have asked you to attend another meeting/discussion in order to consider any options.

 

If you do not wish to do that, and it seems you are not, then it is a case of ensuring what you are paid is correct.

 

Redundancy payment is tax free but any payment in lieu of holiday or notice will be taxable.

 

Finally, once they have confirmed your redundancy, you should get the right of appeal against the decision.

 

Hope this helps.

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The redundancy pay is in addition to the minimum 2 weeks' notice (which can be worked or paid in lieu), and of course they must also pay for time already worked.

 

I wouldn't opt for redundancy: let them make you redundant. The notice doesn't start to run until they give you a definite decision; the options you have been given are only a consultation on your options.

Edited by Zamzara

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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