Redundancy Help - Urgent!

[dmlferguson]

Hope someone can help.

 

I've been with a company just under 2 years. 2 years as of **th June. They started redundancy consultation today and informed me that I have no right to redundancy pay way there is a PILON clause in my contract.

 

I'm being made redundant because I applied for flexible working hours etc so I know this is going to Employement Tribunal but I'm not due to see my solicitor until Thursday.....the redundancy stuff has happened since the last time I spoke to my solicitor. I've also been off sick due to the stress of it all and I've made a complaint about the way I've been treated since my return.

 

How do I holt the consultation until I've spoken to my solicitor? I don't want to say anything in the consultation that will harm my tribunal case but I don't want to be seen as unreasonable by refusing to have the next consultation. I'm also trying to reduce the stress of all of this. Having to go to a consultation before I'm ready is very stressful.

 

My solicitor could only breifly speak to me over the phone and (quite rightly so) refuses to give too much advice over the phone. But did say that them forcing me to meet when I'm not ready and not giving me adequate time to prepare for the consultation will only go against them.

 

Advice please? I'm trying to avoid going off sick again, as I'm sure they'll try to use it against me even though I've got a great employment record.

Edited May 25, 2012 by dmlferguson

[Gbarbm]

As far as I am aware, the fact that you have a contractural PILON should not prevent you from receiving statutory redundancy pay ( you can read more about this on the Directgov website)

[elche]

Hi Dml,

 

Sorry to hear about the proposed red.

 

There's lots of issue in your post. You seem to be on the potential most valuable one - if you can link the dismissal to the statutory right (the flexi working request). No doubt your solicitor will give you more details about this.

 

Remember to get stat redundancy pay (SRP), you need to have been working for 2 years at the effective date........ and you are not at 2 years continuous employment - yet....

 

There is no 'real' relationship between what you are entitled to if made red, and notice pay whether PILON or not.

 

Just to be clear an employee with 2 years continuous service at the date they are dismissed for reason of red is entitled (at least) these to 3 things:

 

1) SRP - max £430 per week - calculated on a scale that relates to age and length of service

2) Notice pay - u may have to work to get this, but should still get this if you not allowed to work it. It should be at least 2 weeks in this example.

3) Accrued but untaken hol pay.

 

As for trying to delay the consultation, u need to tell us a bit about the employer's rationale for the redundancy.

 

Hope this is some help.

 

Che

[dmlferguson]

Thanks for your help.

 

Because I have PILON in my contract my redundancy starts at the day I am given notice. So if before the 2 years then I do miss the cut off. Not that this makes a difference because its unfair dismissal anyway.

 

The reason for redundancy is restructuring of the department due to reduced fees....which I contest. Also due to no new work coming in....although the current workload is too much to handle as it is. I've been advised to formally ask for the consultation to be extended in order to speak to my solicitor. They've already said no when I asked informally.

 

Do you have any advice??

 

S

[raydetinu]

suggest you speak to ACASS asap; they will give good advise over the phone.

[dmlferguson]

Where do you stand with redundancy consultation and compassionate leave? To add to the stress I've now had a bereavement in the family. I obviously need to take some time off but where does this leave me with the consultation phase?

[honeybee13]

Hello there.

 

I'm very sorry to hear of your bereavement, it's always tough.

 

Is it a close member of the family? Sorry to ask, but it might help the guys to advise you.

 

My best, HB

[dmlferguson]

Hi

 

Yeah we're a close family, it was an immediate relative, its been a short illness. I've made work aware throughout but the ending was very quick.

 

S

[elche]

Where do you stand with redundancy consultation and compassionate leave? To add to the stress I've now had a bereavement in the family. I obviously need to take some time off but where does this leave me with the consultation phase?

 

Hi dml,

 

Very sorry to hear about this on top of the problems at work. You may know that the death of certain people can trigger a legal right to some unpaid time off work for what they normally term, 'Dependant Leave' see http://www.unitetheunion.org/resources/equalities_2011/equalities_-_legacy_content/equalities_resources/employment_rights_for_working/your_right_to_dependant_s_leav.aspx

 

There are various reasons an employee could be legitimately absent from work, such as the above or because of sickness etc... . But the point is that I'm not sure that even absence from work is going to stop your consultation continuing. An employer could do all they could to keep an absent employee 'in the loop' during the consultation process (e.g. send minutes of meetings ask for written representations, offer to elect a rep etc) and the eventual dismissal might be fair.

 

In fact if your employer's rationale for the redundancy was to to save costs then assuming sufficient time for genuine consultation, a semi-legitimate aim of theirs may be to ensure that consultation is concluded as soon as possible to minimise the costs they have to pay to employees in terms of statutory payments.

 

In your case your employer almost certainly has realised that to dismiss you before your 2 years service will save them money, and I'm sure they will try to do this if they really do make you redundant.

 

Perhaps a grievance might throw a spanner in the works, but this culd be equally fruitless. You should ask your solicitor for more advice.

 

Best of luck

 

Che

[dmlferguson]

Thanks everyone.

 

Think I'll start a new thread with the full story as you guys are a great help!

 

S