Work - At Risk

[StevePil]

Hi

Hope someone can help with answering below for me:

1) Can you be put at risk of redundancy when off sick? ie given your 30 day notice period?
2) Do you get paid 30 days notice aswell as redundancy payment?
3) Can your role be made redundant, but be redeployed in a lower position and have your pay reduced? ie if I was a TL can I be made redundant but become an Admin and have my pay lowered?

Many thanks, Im exploring a few options at present so just wanted to know where I stood

Thanks

[factor-fiction]

1. Yes, if the post is at risk of redundancy you can be notified you are at risk even if you're off sick. Otherwise people could just avoid redundancy by going off sick and leave the conscientious ones who turn up for work to be put at risk.
2. Yes you are entitled to be paid for the notice period stated in your contract provided it's compulsory redundancy, but not if you take voluntary redundancy. I can't comment on the entitlement to redundancy pay without knowing the agreement in place but any predundancy would be in addition to notice pay
3.Yes, I understand you can get a partial severance payment from your employer in these circumstances to reflect the reduction in pay but it will be taxable- the tax free allowance of �30,000 won't apply in this case as you are still working. I doubt statutory redundancy pay would be paid too if that's applicable. However i'd check with your union/HR dept/manager

[StevePil]

Thanks for the reply, sorry another question

If my company was brought out, can I be made redundant and would be in same position re payment?

Can I also be left in the same role with new company but take a pay cut? or be demoted and take a pay cut?

Thanks

[buildersmate]

If another company buys the company, including the assets, stock and brand-names whatever, then TUPE applies. This means that the new company has a responsibility to take on the existing staff on the same conditions (initially) as the existing company. It doesn't prevent one being declared redundant - just means that the terms would be the same.
You cannot be forced to take a pay cut under TUPE - that what it is there to protect against. However the new company could say - well we don't have a job for you at that level - in which case they could be forced by you to declare you redundant. If you want to accept a lower job as an alternative, that's OK but it is your choice. The arrangements as outlined by Factor30 in answer 3) above could equally be applied in this situation.