Reduced Redundancy Pay Because Of Sickness

[buffymad]

Sorry to ask about this again but I’m getting conflicting messages.

If my other half was to be made redundant, can they reduce his redundancy pay due to sickness? This is what he’s being told is possible, although I’ve been told before on here it shouldn’t affect anything.

Having tried to google it, I found something on citizens advice which says they can take the last three years sickness into account - but I don’t really understand the way it’s worded.

He was off for a considerable length of time last year due to an operation and has had sickness (days here and there) before that.

Help!!

[woofgang]

Could you post the link you have found please?

[buffymad]

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/frequently_asked_questions_about_redundancy.html

Hope that link works!

[Peter Pedant]

I have had a look and I agree it is not clear

it appears to be governed by s 122, s 123 of part X of the employment act - but that isnt clear either !

so I think you should ring ACAS - very helpful or troop down to the CAB - I mean it has to be frequently asked and there ahs to be an answer
oh and where you find out - can you post the answer ?

[chelle7272]

That's an Irish site. As far as I am aware there is no reduction for sickness. ACAS will be able to advise you but hey make no mention in their redundancy pages
http://www.acas.org.uk/index.aspx?articleid=4254

[buffymad]

Well that’s what I thought too - surely it would be mentioned on the ACAS website if that was the case. Shall dig further and report back.

[woofgang]

so are you in Ireland? because here's the UK CAB link

[woofgang]

d'oh! link https://www.citizensadvice.org.uk/work/leaving-a-job/redundancy/redundancy-pay/

[buffymad]

No, I’m in the UK, sorry, my fault for not reading it properly.

[fiction-factory]

I haven't had chance to read the link yet but redundancy pay is intended to be compensation towards lost future earnings so I don't see the relevance of previous sickness in the calculation. Maybe it's different if it's just statutory redundancy pay but I'd be surprised

[buffymad]

What’s the difference between statutory redundancy and normal redundancy?

[woofgang]

statutory redundancy is the absolute legal minimum that a company has to pay the people who are made redundant. The other kind is called contractual redundancy which is where your contract says what you will get if you are made redundant and its MORE than statutory redundancy

https://www.citizensadvice.org.uk/work/leaving-a-job/redundancy/redundancy-pay/

[buffymad]

I’m sure his will be statutory as they don’t like giving anything out! Still trying to phone ACAS but forever stuck in a queue, grrr.