Advice on redundancy please

[IfNotNowWhen]

I was put on notice of redundancy yesterday and have my 'consultation meeting' (or whatever it's called) tomorrow first thing.

I run (ran) a new department in a firm of c.100 people. The rationale i've been given is that the department is not as busy as projected given the recession and that any work could be handled by other senior staff. The busy part is true, though we haven't yet missed a revenue target and the pipeline has opportunities in it, if not staggeringly great ones. The handling by other senior staff is open to debate. Clearly I think they can't do the job.

I don't want to contest the redundancy but want to achieve more than my statutory minimum payoff. To me, it seems more of a decision to scrap the department and the investment in it rather than a decision to reallocate the work elswehere. I've also brought a lot to the firm, conceptually (ref new dept), and financially, and this has been verbally recognised. I've been told 'the door will be wide open for me' to try again when the economy picks up.

I am on 2 months notice (for which i'll be paid) and have a 4 month non-compete clause (quite aggressive) which the firm will try not to pay me for/ waive.

Any advice? Any and all suggestions very gratefully received.

Many thanks.

If you don't want to contest the redundancy you don't have much of a basis for demanding extra pay (assuming there is no policy stating that the firm pay over and above statutory), but you could certainly appeal to their better nature, given the contribution you have made to the firm.

I'm not sure what you mean when you say the firm will 'try not to pay you' for the 4 month non-compete clause. Does your contract say that you will receive pay after employment has ended and while a non-compete clause is in force?

I think you should ask for it not to be enforced on the grounds that finding employment anywhere at present is going to be difficult, so attempting to restrict you at all isn't reasonable.

Thanks flowerybeanbag

Yes, I think it's a question of appealing to better nature - certainly i have no right to anything. I'd rather I was paid for the non-compete period than have it waived though: all that lovely time at home and it'll take me 4 months to find something else anyway... My contract essentially says i can't work for anyone in vaguely the same industry, or any of my current clients etc for 4 months after the end of employment, however that employment ends.

Not holding out much hope though.