Advice for niece

[HippyHappygal]

She has been at her workplace 13 years. Told her area of work was closing and that the alternative role was a training course to be a swim instructor. She has health issues and cannot afford to do this. She was currently on 20 hours so this breaches the conditions of the job role being the same or very similar as well as not being do able because of her health. She has been told she is entitled to redundancy but is worried they will go back on that and refuse it based on the fact that she won't take this other role. So firstly, can they do that and how would she proceed if they did?
Secondly, I believe she is entitled to three months paid in leiu of the notice they have to give her based on her years of service as well as unpaid holiday and of course the actual redundancy money. Am I correct in that?
She has a formal meeting next week and is very worried as she doesn't know much about her rights.

”She has been told she is entitled to redundancy but is worried they will go back on that and refuse it based on the fact that she won't take this other role. So firstly, can they do that and how would she proceed if they did?“

Why is she worried they’ll go back on it? It doesn’t sound like this role is a suitable alternative so she’ll be entitled to redundancy, yes.

”Secondly, I believe she is entitled to three months paid in leiu of the notice they have to give her based on her years of service as well as unpaid holiday and of course the actual redundancy money. Am I correct in that?”

She is entitled to 12 weeks’ notice but she is not entitled to payment in lieu of the notice- they can make her work it if they want to.

Sorry she is facing this difficult situation

Is she allowed to have someone join her in the meeting as a friend and/or observer ?

She doesn't have to make any decisions in the meeting. She can attend to be briefed on what they will offer. She can take that info away (which is why it's useful to have a friend there ) She can ask for a written copy of the offer and how long she had to decide.

All the best.

She has already been told of the offers and it was-

1. The swimming training coach post of a few hours pay.
2. A gymnastics assistant coach (Again, wouldn't work because of her health. She is recently diagnosed with RA)

I don't think they would make her work the paid notice as her role is no longer there but I will inform her of that.

Thanks all, she is very upset and also worried because of her health and what that will mean for future employment.

I am not a lawyer but have been made redundant twice! If she is in a Union, she can ask them for advice. ACAS are also very helpful.
It doesn't sound as if their alternative role is feasible for her, so there should be no issues about her eligibility for redundancy ( ie she is not refusing a viable alternative) but ACAS can advise. She should make this clear at her meeting.
She is entitled to her untaken holiday, but she can be required to work during her 12 week notice period. However, many employers prefer to give a paid notice period to avoid having a disgruntled about to be an ex-employee hanging around. It isn't an entitlement though but worth asking about.

Just to make it clear, if she asks for the paid notice and they say she has to work it, she will then be given an alternative role at her workplace to fill that requirement (Seeing as her current role has gone). If she refuses, she will not get it?

What would be the grounds for refusing to work? If they are based on medical needs / disability then surely an employer has obligations to ensure reasonable adjustments are made so that she can work the new role.

But after this - if she then refused to work after adjustments were in place I'd say she'd be breaking her contract??

Because the new role would include a lot less hours and is a sport coaching role which she does not currently do. She cannot be expected to support gymnasts physically with her RA either. I don't feel it is a reasonable alternative at all but I know they have to legally offer other options first before redundancy is considered. She has already said they are not viable options as she was told over the phone what the options were. Last night she put it in writing to them why she had come to that decision and said to them that redundancy was the route forward in this very difficult time.

Maybe I misunderstood you and you meant a different role just through the notice period?
Many of the roles in her company are ones you need specific training for so I can't see that happening as in they will ask her to work a different role so she gets the notice pay. Hopefully they will just pay it. Seems the more sensible and reasonable offer.

She should ask her employer to put in writing what that they are making her redundant. What does her employment contract say about notice?

@HippyHappygal

Just to make it clear, if she asks for the paid notice and they say she has to work it, she will then be given an alternative role at her workplace to fill that requirement (Seeing as her current role has gone). If she refuses, she will not get it?

It is vanishingly unlikely they will require her to work out her notice in a completely unsuitable role. That would not benefit anyone, therefore I am sure they will pay her in lieu of her notice instead.

From what I have seen, she is entitled to three months pay as she has 13 years in the job. I believe they have to give that as a minimum and can give no less. She is also entitled to the full redundancy and unpaid holiday.
I really feel for her. She has had a terrible time with her health and now been made redundant. Just want to make sure she has all the money she is entitled to as I think she will struggle to find anything quickly especially in this climate and with her illnesses.

"From what I have seen, she is entitled to three months pay as she has 13 years in the job. I believe they have to give that as a minimum and can give no less."

Where did you see that OP? Unless her contract says she'll get three months' notice, she is not entitled to that. Statutory minimum notice is in weeks not months, and it is one week per completed year of service to a maximum of 12 weeks. See here for statutory minimum notice periods.

What is her current role? If her job title is sports coach they are suggesting a swim/gymnastics coach as alternative roles and she is currently an ice skating coach (for example) it might make it harder to say the new roles are not suitable alternatives.

She has been there 13 years so that accounts for 13 weeks which makes around 3 months pay.

No,she is not a sports coach. Don't want to be too outing but that is not her role. Even if it were, she could contest it on the grounds of her health and change in pay/hours.

Ah just seen 12 weeks is the maximum notice/pay they give. Either way that's the minimum of what she is entitled to.

Sorry if wasn't clear - the next step is for your niece to be given a written 'offer' of options. One of those options would be, it seems, redundancy, and the terms for all should be set out in writing.

It may not be called redundancy, it may instead be a 'compromise agreement' to end the contract of employment. This can be redundancy in enhanced terms to get an agreement in place quickly, the exact terms of which are confidential. The important thing is to have the actual terms in writing plus some time for her to think about and decide what to do.

Hope she sees the options set out sooner rather than later, so can come to a decision based on the facts, rather than on speculation.

I don't understand PP. She has already told them the options will not work for her so redundancy is now the only option. She doesn't have to think about the options as she already has.

She has been there 13 years so that accounts for 13 weeks

No it doesn't. Statutory notice stops going up once you've been with an employer for 12 years. As she has been there 13 years she is entitled to 12 weeks notice. If she had been there 25 years she would still be entitled to 12 weeks notice.

Yes I realise now it is capped at 12 weeks but that is still 3 months pay she is entitled to.

By options, I mean the actual terms of 'redundancy'. These are entirely in the gift of the organisation, the entitlements are only the minimum required. The actual offer can be more generous.

There may be options available such as being paid in lieu of notice (on top of any other payment) or working out her notice. How her holiday will be treated. There may be trade offs between some of these options.

That kind of option.

It's important to get these in writing and to know what the deadline is by when any such options must be advised.

It will definitely be the bare minimum she will get from her company. Just want to make sure she gets everything she is entitled to.
Thanks so much for your help x

The info is here if you are in UK www.gov.uk related to statutory redundancy. Her employer may pay more

The day after redundancy, she can claim contributions based job seekers universal credit apply www.gov.uk

Her redundancy pay will not be taken into account for a certain time period

Ensure her employer provides details for reference for future job hunting

Sorry but what do you mean about redundancy pay not being taken into account for a certain time period?

I believe savings are taken into account after a certain time period

I think if you have over X amount of savings
It affects how much benefits you can claim

The DWP will confirm how long the will pay UC contributions based benefit for

Thanks.
Hopefully she will be OK tomorrow and they will do the right thing and make sure she gets all she is entitled to.