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CONSULTANCY PERIOD - REDUNDANCY?

5 replies

EmmaBridgewater956 · 11/02/2009 10:09

Have heard of people having a two week consultancy period before being made redundant.

I was told was very likely I would be made redundant and to start looking five days before actually being told to leave as I was redundant on Friday.

Does this sound like it is in order?

I have had nothing in writing.

Have been with the company for under a year so am on a standard one months notice.

Does anyone know about consultancy periods/what documentation I should have please??

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flowerybeanbag · 11/02/2009 11:52

Emma there is a process for redundancy and for dismissal including redundancy that an employer must follow, including letters and a consultation meeting.

However as you have been there less than a year, you have very few employment rights. These procedures do technically apply to you, but as you have less than a year service, you can't claim anything if they are not followed.

So as long as you get your notice paid that's all you are entitled to I'm afraid.

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EmmaBridgewater956 · 11/02/2009 14:35

Thank you very much.

I now have a letter saying they want to terminate my employment from the day they told me about it and will pay me up to that day but will give me an 'ex gratia payment' of a firgure which is one months salary untaxed.

Any ideas why they might suggest this instead of just paying me for a month?

Thank you for your help

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flowerybeanbag · 11/02/2009 14:38

If you are dismissed you are obviously entitled to be given contractual notice, which is in your case one month.

What your employer is doing is terminating your employment immediately and then paying you in lieu of notice. They probably don't have the right to do this, so the payment is actually a kind of 'compensation'. In fact you are better off than you would have been if they'd given you notice in terms of time as you won't be taxed on the money.

Terminating your employment immediately is 'cleaner' for them.

Can I ask if you were to work your notice period would your length of service go over a year?

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EmmaBridgewater956 · 11/02/2009 14:57

No - it would take it to 10 months.

Thank you for your help. Just feel so cross about the whole thing and do not feel the reasons why I have been chosen over some one else have been laid out fairly - bar the other person is 'cheaper' than me. I know this is a matter of £2k per year and am definitely more experienced. Grrrr!!

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ilovemydogandMrObama · 11/02/2009 15:10

If the company is not following its own selction process, then could you raise this with HR? Maybe not an official complaint, but more in the tone of, 'love working here, and was under the impression that selection was based on x...'

Flowery is right though that you did better than could be expected in the deal, not that of any help whatsoever....

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