Redundancy

[sinamordetrabajo]

NC for obvious reasons but been here years etc
We've just found out that our company is making redundancies

Anyway, my question is, and I can't find an answer to this online, the redundancy package they are offering people is very slightly above the legal minimum. They are telling people that if anyone tells anyone else that there are redundancies happening at all (even though we all now know) that whoever 'leaked' this information will lose their redundancy package

Is this legal?

They do also tell us not to share salaries even though they legally can't stop that so just wondered if it was another 'empty' threat or if they are within their rights to withdraw any offer based on the sharing of information that the process is happening. (Nb no one has shared exact details of the package just that it isn't generous/only just above legal minimum)

Not sure about the salary but but sharing confidential information can be misconduct. The recent settlement agreement I signed did say that if I did anything construed as misconduct I would forfeit my redundancy, which is fairly standard I think. My lawyer certainly thought so.

It depends. There is no automatic legal requirement to keep redundancy confidential, but if there is a settlement agreement for example then yes they can include in there that it is on the condition of it remaining confidential.

Anything they offer over the legal minimum is a bonus really so if getting that is conditional on it being confidential I probably wouldn’t risk it

They cannot stop someone getting the statutory redundancy pay to which they are entitled if they talk about the redundancies but could not pay the extra over. Are they getting people to sign settlement agreements?

You cannot stop people sharing salary information for the purposes of finding out if the sharer or the recipient has an Equality Act claim, but it's not a general bar on clauses that say you cannot.

I don't have any details other than the above but I am a bit worried on their behalf about the company being able to track down the person who originally shared this and withdrawing any offer they might have made to them. But then again I guess the person knew the risk they were taking. The person said it was very much the fact that the process was happening at all which was not to be shared but the whole company does know, so that seems a bit horse and bolted really

Might be worth chatting to acas if you don’t use a lawyer.

Of course they can because they are not required to offer anything other than statutory pay

Could it be seen as insider trading people knowing something that could impact customers image and therefore share price etc?