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Original poster

Received 'At risk' letter yesterday, and have a question about notice.

14 replies

runnyhabbit · 24/04/2010 09:04

Hi

I recieved my at risk from redundancy letter yesterday. I was told by the MD and HR that I could go home if I wanted, and the meeting has been arranged for next Wednesday.

Head is a bit clearer today, but wanted to check something. If they are letting me go, then according to my contract, they need to give me one months notice. Does this still stand where redundancy is concerned?

I have worked there just 5 weeks short of 2years, so won't have any statutory pay.

TIA

OP posts:
RibenaBerry · 24/04/2010 09:25

Yes, they'll give you your notice period. They can either make you work it or pay it out. In redundancies, they normally pay it out.

HTH

Original poster
runnyhabbit · 24/04/2010 12:27

Thanks for that

OP posts:
megonthemoon · 24/04/2010 12:32

Also, I am pretty certain that your notice period should be included in your length of service as you are still an employee during that month, so if you are 5 weeks short of 2 years and there is a month of redundancy then you are really really close to getting that 2 years. Therefore I would be trying to delay the date they give you notice until you are within 4 weeks of the 2 years IYSWIM, so you can get redundancy pay. Do you think they would be sympathetic to this (I work for a big company and know they do delay giving notice by a week or so to give people another completed year's service etc.)? If not, I may be tempted to be sick on Weds so they maybe can't give notice until sometime the week after which then should get you to the two years!

RibenaBerry · 24/04/2010 13:15

Meg- no, unfortunately it only gets added on if you work your notice period (i.e. if your termination date genuinely takes you over 2 years). Otherwise, it doesn't. Your suggestion about sympathy is a good one, but the delaying tactics would only work if it was a day or two short of the year, not a day or two short of 11 months.

Sorry OP

Meglet · 24/04/2010 13:18

Are they not doing a consultation period? I think that depends on number of employees affected though.

Sorry RH, hope it works out ok.

RibenaBerry · 24/04/2010 13:26

Yup, an 'at risk' letter means there's consultation. Can be something short like 1-2 weeks if low numbers though. The 30 day consultation only kicks in at 20, and 90 days at 100 redundancies.

Original poster
runnyhabbit · 24/04/2010 17:51

Thanks for all thew advice

Megonthemoon It had crossed my mind about notice/leave date.

There are only 3 or 4 'at risk', and according to some websites, because the numbers are so low, they don't have to give a long consultation period.

I know the reason they're having the meeting on Wednesday, is because it's pay day. Knowing the MD, he'll want to get everything tied up.

OP posts:
megonthemoon · 24/04/2010 20:13

RibenaBerry - that's interesting. I was at risk a while back and my company said that although i would stop needing to go into work on a given date (within a week of decision being made) i would not be officially redundant (and therefore not receive redundancy pay) until the end of my notice period as they reserved the right to call me up with questions / ask me to do a few things during the notice period. hence the notice period would count towards my service, even if i wasn't actually in the office having to work.

as it turned out, i wasn't made redundant so it didn't matter, but i did clarify because the "finish work" date was before i had another year;s completed service but the end of notice period was after, so i wanted to make sure whether i would get that extra year's money IYSWIM.

Maybe it was because I needed to be available to work during the notice period, even if I wasn't actually expected to.

RibenaBerry · 25/04/2010 07:36

Erm, that's all a bit odd.

The rule is actually quite simple.

If they pay out your notice in a lump then your employment ends straight away (they are paying the notice out upfront). You can't add your notice on to your service then.

If they pay you as normal (whether you have to go to work or not) then that's all service.

No idea what happened to you Meg!

megonthemoon · 25/04/2010 13:18

ah, i get it now. they pay us salary for our notice period, and then lump sum at the end of it so we are technically still employees and can be called on at any time, so notice period counts as part of service. but they don't make you actually work it because it's usually because of a reorg and they want to get people in new positions etc. and then there is nothing for the redundant people to do. but they might need us to do the odd day or two if we need to hand over or something so they don't pay lump sum until end of notice period just in case.

Sexonlegs · 25/04/2010 20:30

Oh Runny, I am sorry to hear this

I think yo9ur question has been answered, but if you get stuck, message me on FB or email me. xx

Original poster
runnyhabbit · 28/04/2010 12:25

Just thought I'd give you an update (as you've been so kind with the advice)

Had meeting this morning, and I have been made redundant. My employment is terminated as from today, but, in light of my "excellent standard of work" (MD words, not mine) they will pay me redundancy, even though I'm a few weeks off 2 years.

Thanks again for all your advice

OP posts:
Sexonlegs · 28/04/2010 17:35

I hope they are paying you in lieu of notice as well. And any holiday accrued and not taken. xx

Original poster
runnyhabbit · 28/04/2010 18:47

Hi Sol

They've paid me today (as normal for April) and at the end of May I will get another months pay, plus redundancy, plus holidays accrued.

Don't worry, I wouldn't have let them get away with it

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