joneh
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posted on 14/10/08 at 05:52 PM |
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Redundancy
Hi Guys,
With regards to being made redunant, does redundancy take into account contractual notice?
If an emloyee has 3 months notice written into a contract, does the employer have to give 3 months notice when making someone redundant?
If the employee is offered an alternative role, can the employee refuse it and take the redundancy?
Thanks,
Jon
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mr henderson
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posted on 14/10/08 at 05:53 PM |
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What does the contract say?
John
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MikeRJ
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posted on 14/10/08 at 05:54 PM |
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quote: Originally posted by joneh
Hi Guys,
With regards to being made redunant, does redundancy take into account contractual notice?
If an emloyee has 3 months notice written into a contract, does the employer have to give 3 months notice when making someone redundant?
3 months notice or 3 months pay.
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joneh
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posted on 14/10/08 at 05:58 PM |
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quote: Originally posted by MikeRJ
quote: Originally posted by joneh
Hi Guys,
With regards to being made redunant, does redundancy take into account contractual notice?
If an emloyee has 3 months notice written into a contract, does the employer have to give 3 months notice when making someone redundant?
3 months notice or 3 months pay.
Is this in addition to the statutory redundancy payment or including?
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82 Locost
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posted on 14/10/08 at 06:09 PM |
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If I were you I'd get advice from a Union or the Citizens' Advice Bureau. Some contracts are over and above the legal minimum, some
aren't.
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Mark Allanson
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posted on 14/10/08 at 06:13 PM |
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No employment contract can be less than the legal statute minimum though
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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tomblyth
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posted on 14/10/08 at 06:30 PM |
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If you hav'nt had written notice yet! join a union tonight on line! then when you get it bring them in straight away!
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motorcycle_mayhem
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posted on 14/10/08 at 06:41 PM |
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The statutory (age multiple) is a sum in addition, usually. What your employer will do is write all this down as an offering. There's usually a
'voluntary' element too, as an addition.
Just FYI, if the Company is about to go down and is offering a redundancy (voluntary or with a notice element) then it's got to be worth it.
Take it now.
I'm now three weeks after my employer went into Receivership, no redundancy, nothing. You simply leave the laboratory when the Receivers walk
in, then file an 'RP1' form to claim the statutory (£310/week) compensation. You then get treated like a piece of crap down the Job Centre
when you try and claim some relief. All after 10 years of wageslavery with an employer.....
Like most productive non-State ex-workers, I'm hoping to get outta here to somewhere with employment prospects and a bit of respect for the
worker. OK, rant off, sorry.
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joneh
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posted on 14/10/08 at 06:49 PM |
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Hi,
She's had a notice saying she may get made redundant. The company isn't going bust, just reducing in size.
I need to know what could happen so we can make sure the mortgage is safe.
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smart51
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posted on 14/10/08 at 07:02 PM |
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I was made redundant 10 or 12 years ago. My contract said 6 months notice. They paid me for that 6 months plus 2 weeks redundancy plus my
outstanding holidays plus the holidays I would have accrued during the 6 months. I only worked at the place for 9 months. In all, they paid me more
to leave than they paid me to work.
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tomblyth
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posted on 14/10/08 at 07:11 PM |
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as long as she has not been given her notice then she should join a union tonight ! now ! a notie saying might means nothing . I bought a ticket that
say I could win the lottery! but I better not spend the money yet! best of luck I've been there twice! she will get unempoyment and if she
can't get a job straight away she could look to education, posible grant and no council tax!
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joneh
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posted on 14/10/08 at 07:15 PM |
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Hi Guys,
Thanks for all the advice. I think we'll see what the offer letter states and get some legal advice too. She has a meeting on Friday to
discuss further.
Thanks again,
Jon
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vinny1275
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posted on 14/10/08 at 07:15 PM |
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Look at the contracts, it's normally a case of x weeks' notice per x years service, plus the statutory (which is pretty crap tbh).
it also depends on whether she's in a probationary period, that kind of thing.
things they can't do:
Force you to move location
Force you to take a pay cut
Force you into a less senior role
Force you to take redunancy in maternity leave period
You can choose to do any of the above as part of the consultation process.
They do have to:
Give you reasonable notice that this is happening (legally I think it's 7 days minimum)
Give you the opportunity to apply for another available position in the company
We've just been through this at our place, it's a horrible situation to be in. All the best!
HTH
Vince
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mackei23b
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posted on 14/10/08 at 08:02 PM |
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ACAS will also give very good advice.
Cheers
Ian
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