Redundancy - how to negotiate

[Whatevernext9]

First thread so please be gentle!

Two days ago (ie Thursday) I received notice that I’m at risk of redundancy. I say at risk but it looks to be a foregone conclusion. There’s only a handful of us in this position (35 people in the organisation) and no redeployment options. Basically a mismanagement of funding means some functions are being streamlined. Three of my team left for various reasons and there’s been an unspoken recruitment freeze, meaning we can’t really meet our objectives anyway, so it’s a logical decision.

I think I want to negotiate an immediate exit. I’m only entitled to statutory redundancy (been there four years) and so it’s not a huge amount of money. However if I leave, there are some tasks that won’t be completed, and one of our clients would claw back the last instalment. If I can’t get an immediate exit should I ask for enhanced redundancy pay? And what are my chances likely to be?

interested in other people’s experiences and views.

If you'd like to retrain, you could ask for that to be paid for.

No advice but redundancies happening in my organisation too (and the whole sector). It's an awful situation.

Have they said how long the ‘at risk’ period is?

However if I leave, there are some tasks that won’t be completed, and one of our clients would claw back the last instalment.

Are you suggesting they won’t want to let you leave early?

When you say you’re only entitled to statutory redundancy, what do you mean?

They should go through a consultation, and for 35 people it would be collective. The representative can then put forward suggestions and negotiate the outcome. Ultimately you could end up with an enhancement (you might not), but on top of stat Red pay you’d always be due untaken holiday, and they may even chose to pay notice rather than have you work it.

A common enhancement I’ve seen is uncapping the salary that applies to statutory redundancy.

Firstly, I’d call ACAS and just understand your rights. The website also has lots of info so you can check your employer is following the necessary process on there first and draft specific questions you have. But in the end, you’ll have to have your agreement signed by a lawyer which the Company will pay towards / cover the cost of. They can provide you with specific legal advice on the overall arrangement and that’s a part of their fee.

No harm in asking but as your are not entitled to anything else your chances are slim.

It's not in their interest to get rid of you quick when they've got to follow a process for others.

My company have just done a restructure which spanned three years and culled 35% of us. They've now announced another cull of 15%, just when we thought things were ending. It is utterly grim.

There’s 35 in the org but only a few at risk.

with less than 20 at risk there’s no requirement for a collective consultation nor a fixed time period.

they do still require to a carry out a fair and reasonable consultation but this is on an individual basis and can be quite quick.

and there’s no entitlement to legal advice in redundancy- that’s only for settlement agreements

I read it as 35 in the organisation not at risk. For less than 19 there does not need to be a consultation.

Have they given you a timeframe op?

@MajorCarolDanvers @boulevardofbrokendreamss I agree re numbers impacting consultation.

I’ve interpreted this:
There’s only a handful of us in this position (35 people in the organisation) and no redeployment options.

As there are 35 within the organisation at risk.
So OP will need to clarify, as the consultation treatment is different depending on the numbers, as you both kindly noted.

I feel gaslit by the second sentence of the OP.

Be very careful.

Staying on to complete a task, so that one client doesn't claim back an instalment, surely that is not actually your concern, only higher managements. That's their job to know and deal with. When a company closes lots of clients may be left mid job and not get their service / supply. Thats the whole point. That is not your concern.

7 days, but it’s not at all clear what can change - no alternative work available.

And yes, I think they will try to make me stay. However I have now been told that my line manager and others called a meeting to tell staff not at risk that we some of us were being made redundant, and to reallocate some of our work. It seems like it’s been decided (which of course it has really), which surely calls into question the idea of a fair consultation.

Yes that’s right, 35 in the organisation.

LOL why? Two working days, so two days for legal purposes.

Thank you, this is really helpful in terms of what’s doable. It’s a handful of people in a small organisation so no collective consultation.

When you get to the end of the one week process, they will give you an outcome. If your role is being made redundant, they will clarify whether you need to work a notice period or whether they give you pay in lieu of notice. If it's the latter, you won't need to negotiate anything. If you're expected to work a notice period then you can try to negotiate less time in post but it wouldn't be a given.

Thanks, yes you’re right.

Very sorry to hear your news. It doesn’t sound good to be honest but there is nothing to lose by making the request. You have no legal entitlement to it and if they are in dire straits it could be a straight no, but likewise if it makes commercial sense to them it might also be a yes.

Even better. More chance of negotiating a bespoke arrangement.

If you have a union, speak to them. If not, ACAS has advice.

I'd get your CV updated and start looking elsewhere. Even if your role does stay, it can be a depressing place to be after restructures and redundancies. My old company did this periodically over 2 yrs. It was only a matter of time before I was next!

Don't forgot any accrued annual leave- this might help you leave a bit earlier.

Keep saying to yourself that 'The ROLE became redundant' and not that YOU were made redundant. I'd been at my company 8yrs and was sad to leave, but it was the best thing in the end. Best of luck with whatever happens.

Consider whether you’d return to work for the same management and or company in the future.

Consider whether the clients your company works with now are likely to be clients of a.n.other company you’d work for in the future.

Those two aspects feed into whether you want to think long term or short term.

Long term , the dull but sensible path is to be polite and understanding of the (current) companies position and don’t burn bridges , be helpful to the end. Basically put your personal feelings aside.
Short term , your personal feelings decide how you proceed, for example, they ask you to stay on for 2 months to finish up the work for these clients, you agree, then take the holiday you’re entitled to spread out over the two months , you don’t bust a gut, don’t do overtime, you get the jist.

The short term approach feels good but only you know yourself and the industry you’re in , to know if it’s really the right approach.

Thank you, this is helpful to hear. It’s hard to separate the two at the moment but you’re right, it’s the role, not me.

Thank you, good points also. I don’t have any annual leave left so that makes things more straightforward.

I’ve now learned from colleagues that meetings about my workstreams have taken place (unofficially), with my parts reallocated. Does that sound like a fair and transparent process? Bearing in mind the consultation hasn’t yet concluded.

The ‘unofficially’ bit gives a get out, they were just starting to think about the future, nothings decided/written down and so on.

As a pp said, they’re doing without a specific role in the future, not a person.
Though I’ve yet to see a role not occupied by a person.

It does sound like they’re going to let you go sooner though.
Likely end of this month, assuming they have a April to March business year.