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Original poster

Just made redundant, what are my rights?

24 replies

cigarettesaftersex · 01/02/2018 17:05

So out of the blue I was made redundant today. They're giving me 2 weeks notice and 4 months of salary. Is that good, bad, expected??

OP posts:

DragonMamma · 01/02/2018 17:07

Well it depends on a lot of things. Namely, how long had you been there for and what are the circumstances surrounding you being made redundant? Are there any others also being made redundant?

OutToGetYou · 01/02/2018 17:08

How long have you been an employee there?
What does your contract say about notice?

By four months pay - is that four months of full pay, as the redundancy payment?

Are they asking you to sign a settlement agreement?

What is the reason given for the role being redundant? How were you selected?

Original poster

cigarettesaftersex · 01/02/2018 17:13

I've been working here for almost five years (May would have been my 5th anniversary). Other team member got made redundant too. they basically said that given the new outsourced contractor, they didn't need two extra people in the team. They told me I could apply for other jobs within the company but given that I'm remote (Cornwall) and the jobs are either in Oxford or London that's a no go. The months of full payment are three plus some extras that add up.to 4.5. I have to sign some document. And as of today I don't have to present myself at work.

OP posts:

OutToGetYou · 01/02/2018 17:25

So, no. You're legally entitled to five weeks notice, it's a week for every year of service, so tell them you expect that.

And, if it's being outsourced you should TUPE transfer to the new provider anyway, that's not a redundancy situation. Ask why you are not being transferred.

The 4m red pay is good but also it looks like they know they are not complying with their legal obligations and are paying you off. I always tell friends, in such cases, start by asking them to double it and see what they say. You have nothing to lose. They have everything to lose.

In a true redundancy there is no reason for them to ask you to sign a settlement agreement, nor indeed to sign anything at all. The fact they are asking you to shows there is something odd going on.

OutToGetYou · 01/02/2018 17:25

Oh, and what consultation have they done? You have a right to a genuine consultation.

Original poster

cigarettesaftersex · 01/02/2018 17:32

Consultation is next week.the outsourcing is being done offshore, so I'm guessing that's out of the question.

OP posts:

GeorgeTheHamster · 01/02/2018 17:34

Almost five years is four years.

Look on the citizens advice website that will tell you what you need.

Akire · 01/02/2018 17:35

They owe you 5 weeks pay. 8 If include full notice as only want you work for two. You have 16 weeks pay I’d say that is a good deal.

Pinkbendyman · 01/02/2018 17:39

Please read the following:
www.gov.uk/redundant-your-rights

Original poster

cigarettesaftersex · 01/02/2018 17:44

Yeah I've added all the extras here and there, and I'd adds up to more or less 4.5 monthly checks after tax . It includes enhanced redundancy pay, notice pay, holiday pay, outplacement, legal fees.

OP posts:

Aridane · 01/02/2018 17:51

Settlement agreements are standard for redundancies- nothing untoward about that

Original poster

cigarettesaftersex · 01/02/2018 17:52

Could I day I don't want the outplacement and get the cash instead? I need to say I'll take it by Monday :/

OP posts:

DailyMailareDicks · 01/02/2018 18:15

They should be paying for your legal advice, that is not a payment you can cash in and keep. Your solicitor will talk you through what everything means, as well as why TUPE should be offered. They then invoice your employer for their fee.

Original poster

cigarettesaftersex · 01/02/2018 18:25

Ahh I see , so it's not something they refund me for??

OP posts:

bigsighall · 01/02/2018 19:08

I believe that redundancy money is tax free up to about £30k (unless things have changed)

OutToGetYou · 01/02/2018 19:10

No, the legal advisor invoices the employer. The employer normally puts a cap on the cost.

There's no need to do a settlement agreement for redundancy, there's nothing to settle if it's done correctly. I've managed hundreds of redundancies without doing them.

So, if the 4m pay includes your notice (4 or 5 weeks, depending on your service) and you think it breaks down OK, then yes, it's all fine.

Original poster

cigarettesaftersex · 01/02/2018 19:33

Well now that I know that I don't get to keep 1k , I guess it still looks alright as it's basically 4 months

OP posts:

DailyMailareDicks · 01/02/2018 20:25

Legal fees would usually be capped at £200. I've unfortunately been through this a few times. £1k for legal costs seems very wrong somehow.

And you don't have to make a decision before you've had legal advice, so Monday is unrealistic. If you call a solicitor tomorrow, you won't seek them the same day. Call Work and let them know when your appointment is and when you then propose to accept or reject their offer. They can not dictate the timeline and prevent you from getting the legal advice they are legally required to pay for. Hope it works out for you.

Original poster

cigarettesaftersex · 01/02/2018 21:30

The £1k is for outplacement and legal fees. But I think it's completely unreasonable they expect me to get legal advice in 48hrs!

OP posts:

bunbunny · 01/02/2018 21:40

Have you got legal cover on your house insurance? If so, ring them first thing in the morning and ask them - even if you use a different solicitor that the company pays for, for advice, you can use the legal help line as well, particularly if they are putting you under very tight timescales.

Also have a look on the moneysavingexpert website - they have a good summary page on what to do if you're made redundant. And search on here - there was a thread within the last week or two where somebody was being made redundant that had some good advice on it...

Original poster

cigarettesaftersex · 01/02/2018 21:44

Thanks I'll look it up! But as far as I can see they're being very generous. It's just the quick turnaround for legal advice that is unnerving

OP posts:

bunbunny · 01/02/2018 23:16

That's one of the reasons it can be very handy to use the legal cover on your house insurance if you have it - lots of people have it and don't realise or forget... You can often ring them up and talk to somebody for free within an hour, at least for initial advice on something like this so you know you can go back to your employers and say i need a week or whatever.

Do you have any local solicitors you could use that have good references? Ringing them up and finding out their availability is another good thing to do - ideally ring and have free chats with 2 or 3 of them to find someone you like and trust, but also to find out what their timescales are. You might get lucky and find someone who can slot you in that quickly, but also you might find that they will be booked up for a week. You could argue that the good people will be busy (or more likely to be busy) so forcing you to go to someone who has immediate spaces could mean that they are not very good, so they're hoping you won't get such effective advice...

are you in a union - they sometimes have legal helplines too. Or through the fully packaged bank accounts or Which magazine or ??? - if you can get them, use them, if only to point you in the right direction and to find the paid solicitors you end up using!

Good luck and here's hoping it's the start of great things. I was made redundant about 15 years ago and for most of the people at the company that went it was the start of good or great things so I hope it is for you too!

Lovethesun100 · 19/05/2018 21:16

There is some good advice on this post

Weezol · 19/05/2018 21:21

Sounds like there's an element of PILON (pay in lieu of notice). It sounds messy, you should have been given a proper document breaking down all the elements that make up the total.
I wouldn't sign anything until you've had some legal advice.

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