ChatterBank2 mins ago
redundantcy
9 Answers
a friend of mine has just been made redundant by his company(CURRY'S) and they''ve been told that they will get there redundance package and 90days(13weeks) in lue of notice.now in the 90day's they can have off as many days that they need to find another job.but my friend has found another job with someone else(COMET'S) and they want him to start as soon as.now he's told his company that he's found another job to go to.
now his company that he's working for have told him that if he goes to the other job that he will lose his 90days & his full redundancy package.
now i know that through my old job i had they give the 90days in lue before the 90days start,so that the company are not left without any or if not all the employee's don't come into work on the same day through job interviews.the reason im asking this is because thet hve told him he will lose both deals.the 90 days in lue & his full redundancy package.
"IS THIS TRUE,CAN HE LOSE ALL OF HIS REDUNDANCY PACKAGE"
because the new company need him as quickly as possable or they have to look for someone else instead.
now his company that he's working for have told him that if he goes to the other job that he will lose his 90days & his full redundancy package.
now i know that through my old job i had they give the 90days in lue before the 90days start,so that the company are not left without any or if not all the employee's don't come into work on the same day through job interviews.the reason im asking this is because thet hve told him he will lose both deals.the 90 days in lue & his full redundancy package.
"IS THIS TRUE,CAN HE LOSE ALL OF HIS REDUNDANCY PACKAGE"
because the new company need him as quickly as possable or they have to look for someone else instead.
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Even though we'r in a position to employ people, I'm not sure how the law on redundancy works ianglyn, but I would've thought that if someone leaves their employment BEFORE a notice of redundancy is given then they have no right to expect any more than holiday pay that might be due, and any wages owed from working time in hand when they first started.
Different companies probably have different redundancy packages, but a union or the CAB should be able to help.
If Chris comes on and sees this, no doubt he'll be able to give you some good advice.
Different companies probably have different redundancy packages, but a union or the CAB should be able to help.
If Chris comes on and sees this, no doubt he'll be able to give you some good advice.
Also, if all this shows up.............
Starting a new job before your notice has expired
If you are offered a job at a new firm, to start before your notice expires, then try and negotiate with your employer for early release without losing your redundancy pay. Employers are often happy to make such arrangements.
If your employer says they can't let you go early (perhaps because there is work that needs finishing) you can give your employer what is called 'a written counter notice' stating when you would like to finish. Your employer should write back to you and say whether or not you can leave early.
If you leave early without your employer's permission you run the risk of losing some or all of your redundancy pay. Normally this only becomes an issue if your employer has given you a longer redundancy notice period than the statutory minimum. Disputes about whether redundancy pay is due in such circumstances can be taken to an Employment Tribunal.
Starting a new job before your notice has expired
If you are offered a job at a new firm, to start before your notice expires, then try and negotiate with your employer for early release without losing your redundancy pay. Employers are often happy to make such arrangements.
If your employer says they can't let you go early (perhaps because there is work that needs finishing) you can give your employer what is called 'a written counter notice' stating when you would like to finish. Your employer should write back to you and say whether or not you can leave early.
If you leave early without your employer's permission you run the risk of losing some or all of your redundancy pay. Normally this only becomes an issue if your employer has given you a longer redundancy notice period than the statutory minimum. Disputes about whether redundancy pay is due in such circumstances can be taken to an Employment Tribunal.
This is always a risk.
I have known situations where people were given notice of redundancy, with an attractive package on offer, and accepted another job, but just before their notice was up the employer found alternative work and postponed the redundancy meaning they either couldn't start the new job or they'd have to resign and lose their package.
You need to negotiate this with your employer- for example would they offer voluntary redundancy- but you may find they can't give absolute guarantees.
I have known situations where people were given notice of redundancy, with an attractive package on offer, and accepted another job, but just before their notice was up the employer found alternative work and postponed the redundancy meaning they either couldn't start the new job or they'd have to resign and lose their package.
You need to negotiate this with your employer- for example would they offer voluntary redundancy- but you may find they can't give absolute guarantees.
What IceMaiden has said is true, though it is worth your friend talking to ACAS about it.
http://www.direct.gov.uk/en/Dl1/Directories/DG _10010857
Some employers do this (but it's rather mean), and there is nothing illegal about it - your friend is choosing to leave before the redundancy has taken effect. Currently all the impacted employees are under notice of dismissal on the grounds of redundancy - until the company writes the letter to each member of staff confiming the redundancy and the date of termination of employment.
He can try and negotiate of part of the payment, decline to join Comet and stick it out with Curry's until the bitter end - taking as much time off as he can for interviews, or issue a counter notice to his employer, leave (irrespective of what they say) then try to take them to an Employment Tribunal to 'prove' his case.
My name is not Chris, by the way, IceMaiden. BM
http://www.direct.gov.uk/en/Dl1/Directories/DG _10010857
Some employers do this (but it's rather mean), and there is nothing illegal about it - your friend is choosing to leave before the redundancy has taken effect. Currently all the impacted employees are under notice of dismissal on the grounds of redundancy - until the company writes the letter to each member of staff confiming the redundancy and the date of termination of employment.
He can try and negotiate of part of the payment, decline to join Comet and stick it out with Curry's until the bitter end - taking as much time off as he can for interviews, or issue a counter notice to his employer, leave (irrespective of what they say) then try to take them to an Employment Tribunal to 'prove' his case.
My name is not Chris, by the way, IceMaiden. BM
basically if he leaves the company at any tinme before the 90 day consultation period is up he loses his redundancy unless he can negotiate with the company an early release.
He is not yet redundant, the purpose or the 90 days is to seek alternatives to redundancy, he will not yet have been issued with his notice until the collective consultation process is deemed to have reached agrement that meaningful consultation has taken place, only then can the norices be issues, I assume he is one of more than 30 people being put in the cokllective coinsultation process?
He is not yet redundant, the purpose or the 90 days is to seek alternatives to redundancy, he will not yet have been issued with his notice until the collective consultation process is deemed to have reached agrement that meaningful consultation has taken place, only then can the norices be issues, I assume he is one of more than 30 people being put in the cokllective coinsultation process?
gore blimey my typos are almost as bad as yours ianglyn!!!
Your mate needs to calculate his statutary redundancy payment to judge if it is worthwhile hanging on for .
go to directgov.co.uk and look at the redundancy calculator, if he is over 42/43 he gets a week and a half basic wage for every year of employment, if he is under that age he gets 1 week for every year, if he workde from 16 - 17 he gets nothing as he would not have paid nationbal insurance, if he worked 18-22 he gets half a week her year, it;s complicated and a big disapointment, at my company, those that worked for 28 years only get the 20 years recognised as 20 years is the maximum service.
Your mate needs to calculate his statutary redundancy payment to judge if it is worthwhile hanging on for .
go to directgov.co.uk and look at the redundancy calculator, if he is over 42/43 he gets a week and a half basic wage for every year of employment, if he is under that age he gets 1 week for every year, if he workde from 16 - 17 he gets nothing as he would not have paid nationbal insurance, if he worked 18-22 he gets half a week her year, it;s complicated and a big disapointment, at my company, those that worked for 28 years only get the 20 years recognised as 20 years is the maximum service.
the written counter notice is something we looked at but ACAS though impartial, (supposedly), suggested a grievamce process culminating in a protective award for the 90 days using an ET1 form from the Employment tribunal office. Apparently since April this year the grievance does not need to be sent to the employer prior to the final date of employment but could be part of the ET1 application
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