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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to ask if you were faced with redundancy what did you ask for and what did you get?

71 replies

KittyMcTitty · 29/06/2019 21:15

I’m currently on maternity leave and facing redundancy - bits that’s a whole other post over in the correct redundancy section!

I’m interested to know what people asked and got with redundancy to give me an idea and probably be quite jealous!

OP posts:
SandyY2K · 30/06/2019 12:18

&my role is being eroded by my maternity cover*

What exactly does this mean?

Will your role continue to exist? Who will be performing your job going forwards?

Tbh... this is dodgy ground for your employer and they could be at risk of sexual discrimination.

We would never make a woman on maternity leave redundant, as it's very risky and there would have to be a lot of justification for it.

It sounds to me, that they don't want you back and this is their opportunity.

The way they said they'd look at a deal, doesn't indicate that it is a true redundancy situation.

If I was in your position...firstly I'd think about whether I wanted to return anyway.... if I did, then I suggest you seek legal advice from an employment lawyer, who would examine your letter and seek clarification.

If I did want to leave, then I'd be looking for a years salary from them.

Did they notify of this in writing? If not I would ask them to.

Bourbonbiccy · 30/06/2019 12:36

Haven't read the whole thread, but you must be aware of its over 30k we need to be taxed on it.

The one time it happened to me it was a very smooth and amicable process. Once I had tied everything up (I was one of the last to leave the business).

Depending on the type of management it does not have to be a "discussion" you will be advised of your entitlement and as long as it is within the Redundancy legislation, that will be your package.
However there is no harm In trying for certain things, but please ensure you are up to speed on the legalities before going in to the meeting,

Good luck 💐

MyOpinionIsValid · 30/06/2019 12:39

You don't get to ask for a sum, there is a government minimum formula.

You’ll normally be entitled to statutory redundancy pay if you’re an employee and you’ve been working for your current employer for 2 years or more. You’ll get: half a week’s pay for each full year you were under 22. one week’s pay for each full year you were 22 or older, but under 41. one and half week’s pay for each full year you were 41 or older. Length of service is capped at 20 years.

www.gov.uk/redundant-your-rights/redundancy-pay

www.gov.uk/calculate-your-redundancy-pay

Any other permutations will be covered in your contract of employment.

I got a months salary for every year worked, so effectively I had 2 years gross salary, tax free.

Also check all your credit cards mortgages, loans for redundancy cover. These can be worth a fortune.

cathf · 30/06/2019 12:56

I got completely shafted when I took voluntary redundancy.
I had been working full time on a decent wage in management and with the same company for 12 years.
When my son was born I gave up my managerial job and worked part-time from home.
My redundancy pay (2 weeks per year worked) was based on my new part-time wage and they would not budge.
I ended up with about £4000 for 13 years, 12 of which were in a senior position.
Still bitter about it now tbh

ThisIsBonIver · 30/06/2019 13:01

I wasn't entitled to anything due to less than two years in post, but was allowed to leave as soon as suited me personally, and got paid till I would have been made redundant, plus a months salary. It was part of a wider restructure and fairly horrible for many very long standing employees though.One colleague gave her notice a few days before it was announced, after 19 years in the role, and got nothing.

Brefugee · 30/06/2019 13:05

@cathf that sucks - did you have any bargaining power such as lawyer or union advising you?

Just remembered another thing: we were also given the opportunity to talk to a tax advisor of our choice with the company covering the invoice for that.

The thing about redundancy is that if they ask for volunteers you do often have some wiggle room for negotiation depending on your position and length of service. For mine, I was fairly senior and long serving. Those in my position (mostly higher seniority) used our position to negotiate for everyone and it worked out really well.

But again, sorry, not in the UK but European mainland, but hopefully my experience will give you something to go in with that you can negotiate with?

Gingernaut · 30/06/2019 13:16

I had been with an employer for just under a year when I returned from a holiday after witnessing a massive cut in staff.

Found out that I was part of a second, unannounced redundancy wave after the loss of a series of contracts. That meant a massive tranche of staff made redundant whilst I was off.

Including me.

I was escorted off the premises and paid one months salary in lieu of notice.

Idontwanttotalk · 30/06/2019 13:18

If your job is the only one at risk and you are on maternity leave and being covered by someone else, I would strongly consider whether the role has reduced and is being made redundant.

If there isn't sufficient reason to consider the role is redundant the I would suggest you perhaps talk to ACAS with a view to a claim for Unfair Dismissal on the grounds of Sexual Discrimination. When my colleague started such a claim, the (multi-national) company didn't do anything until they realised she would pursue it in court. They settled out of court for treble her redundancy offer so she was satisfied.

SandyY2K · 30/06/2019 14:16

@cathf

I got completely shafted when I took voluntary redundancy.

You didn't get shafted. You got your legal entitlement based on your salary at the time.

You chose to reduce your hours and should have realised the impact this would have on contractual entitlements...if you didn't...I'm sorry to say it isn't your employers fault.

Shafted implies they ripped you off...they didn't.

I find employees often dont look into the impact of their decisions. An employee in my company miscalculated when to get pregnant and found she wasn't entitled to OMP , (as she didn't have the qualifying service) ... then became angry with everyone who told her this.

Lwmommy · 30/06/2019 14:28

Your update adds a new spin on things. They can't make YOu redundant, they can make your ROLE redundant.

If the role exists and they need to reduce heads so if they previously had 2 people do it and only need 1 then they can go through a redundancy process to reduce headcount.

They need to keep your role open while you are on maternity leave, they can put temporary cover in while you are off but it's your role. They can't put cover in place, decide they want to keep that person and make you redundant.

They are at risk of sexual discrimination by doing that.

RubyWho · 30/06/2019 14:35

Last time I was made redundant, I’d been there less than two years. I got a month’s pay, and that was it. At the time that was around £1700. It didn’t go far.

Icequeen01 · 30/06/2019 14:37

I took voluntary redundancy 5 years ago as my company relocated. I would have still been able to travel to the new premises but it doubled my commute. I got 2 years salary (I worked 4 days per week) , so got just over £60, 000 which was very nice!

Mitebiteatnite · 30/06/2019 14:45

The only person I know who has ever been made redundant was my dad, and he took voluntary redundancy. They were a team of 4 and they wanted to reduce it to 1. My dad was the only one who willingly took it, so his package was 100k, reduced to 75k after tax. This was for 20 years of service on a 25k salary. The other 2 who were made redundant but hadn't volunteered got less than half what my dad got so I assume he got the generous package purely because he volunteered. They were on slightly less money as he was team leader, but all had 20 years service as they were hired at the same time.

cathf · 30/06/2019 15:23

SandyY2K, yes I am aware of that, thank you.
I worked for a big national company, so obviously what I got was not illegal. I am not stupid.
There are lots of instances on this thread alone of people who got substantially more than they were legally entitled. My point is that morally, I would have expected more generosity.

maggienolia · 30/06/2019 15:42

Got 3 weeks for every year up to 15 years and 4 weeks for every year over that.
So 40K for me, plus 3 months paid leave and 20% pension uplift.
They're still making people redundant now 6 years on.
.

KittyMcTitty · 30/06/2019 19:42

Thanks all - it will all come down to what they are willing to offer and what I’m willing to accept - but it’s interesting and useful to read all the comments and suggestions! Going to see if I have any cover!!!

OP posts:
SilverNewMoon · 30/06/2019 19:49

I was only entitled to notice pay plus statutory pay. I'd been there 3 years and notice was four weeks, so 7 weeks pay overall.

KittyMcTitty · 30/06/2019 20:31

With regards to legally I would get 7 weeks capped and holiday pay and that’s it as my 3 month notice period would be whilst I am on smp on maternity but the letter already alludes to a deal - but what that is who knows!?
I believe my role still exists but will be covered by my junior and feel this is constructive dismissal as I am expensive.

OP posts:
HeresMe · 30/06/2019 20:38

Depends what your contract says.

I recently got made redundant it all took six months all in all was painful., And my employers were scum through it all.

Scratchyfluffface · 30/06/2019 21:34

They have to pay out the rest of your maternity pay and holiday for your May leave anyway, so I would argue for the 3 months notice on top.

But I would start discussions at smp buy out, holiday pay, 7 weeks redundancy (full pay not srp) + 6 month fully paid notice (inc holiday and benefits in lieu for the 6 months), and be prepared to negotiate down from there.

I work in HR and the worst they can say is no!!

Scratchyfluffface · 30/06/2019 21:34

*mat leave not May Leave

newmomof1 · 30/06/2019 21:52

I'm the opposite @KittyMcTitty - I had a call last week from the head of HR saying they were putting 4 of my colleagues (everyone else with the exact same job as me) at risk of redundancy and all 4 of them needed to reapply for 1 position, but that they wouldn't put me at risk of redundancy as it protected due to being on maternity leave.

In all honesty, I had a shit year in the run up to my Mat leave and I wouldn't have been too upset if they had made me redundant.
They also haven't told the other 4 that I'm safe - it sounds like they've told them that I'll also need to reapply.

RighteousSista · 01/07/2019 05:15

First time in 1993 worked for 2 years and 360 days so.just got the statutory minimum capped amount of £207 per whole year.

The second time I had 15 years service in unionised workplace (have been in union all working life) company was German so had European Work Council agreement. I had 3 month consultation as 700+ staff cut in first round. I volunteered to go. Worked my 3 months notice. Got 72 weeks pay and a £3k t raining budget and also a redundancy support packag e to help get a new job. Our firm lay off UK
workers first!

My colleagues thought I was foolish to give up a well paid career but I could see the writing on the wall. The next waves of redundancy were increasingly less generous until they only offered statutory.

Had to put most of mine into pension or i would have been taxed on any over £31k.

Ironically i went back there as a contractor to cover maternity leave for 12 months on a decent day rate 2 years later.

Bluesheep8 · 01/07/2019 06:07

I've been made redundant before, or more accurately my position was made redundant. "Asking" and "Getting" didn't come into it. It was a month for every year. It was an enhanced package, don't know if it's still the case but the standard was a week for every year.

cortex10 · 01/07/2019 06:34

We usually also offer an agreed written reference (public sector) as part of a settlement.