Redundancy notice question

[zAndy1]

Hi,
My brother has just been given 30 days notice from the place he works and he's worked there for the last 13 odd years. Now am I right in saying that by law he is entitled to 1 weeks notice per year up to a max of 12 weeks and if so does that mean he has to be paid full pay for the next 3 months? Does this also apply if the place he works at is closing down (not through insolvency just due to the directors retiring) before the 3 months notice period is up?

Cheers
Andy

[JagoPlasma]

think it goes by contract.

if he's a major player in the company he should try to buy into it (business loan)
could be a good money spinner

[gus607]

When I got made redundant a few years ago 90 days notice was the rule, if not then It's breach of contract.
My employers tried to get away with not giving that and It cost them plenty, BEFORE it got to the Industrial Tribunal.

[unique]

Originally Posted by zAndy1

Hi,
My brother has just been given 30 days notice from the place he works and he's worked there for the last 13 odd years. Now am I right in saying that by law he is entitled to 1 weeks notice per year up to a max of 12 weeks and if so does that mean he has to be paid full pay for the next 3 months? Does this also apply if the place he works at is closing down (not through insolvency just due to the directors retiring) before the 3 months notice period is up?

Cheers
Andy

notice depends on the contract, but by statutory law the minumum notice must be one week per full year of service, up to the maximum of 12 weeks, as you say

if he isn't given sufficient notice he should receive "pay in liue of notice" for the remaining period. thus if he has been given 4 weeks notice now (of which by law he may have to work), he would still be entitled to payment for the remaining 9 weeks notice

by statutory law he would also be entitled to a minimum of one weeks redundancy pay for each full year of service, up to a maximum of 12 weeks. this can be more or less depending on age (ie. over 40, and over pensionable age/65). redundancy pay up to a maximum of £30,000 is non taxable, and all redundancy pay, even if over £30k, isn't liable to national insurance

he would also be entitled to any other payments normally due for hours worked, plus settlement for any outstanding untaken holiday entitlement accrued in the current holiday year

so, he would be due 12 weeks notice (altho he may need to work part or all of it), and 12 weeks redundancy pay, if he has been there for 13 years plus

[hybug]

http://www.dti.gov.uk/employment/redundancy/index.html

all information needed is on this site. It should be 12 weeks notice, I know having just finished mine!
Calculator for payments is linked from here also. Wish him the best of luck.

[Mr Incredible]

I was made redundant when my company sold my division to another company. Although my former employer had had a good record on generous redundancy packages for its employees (not contractual I may add, but accepted practice), the new owner was taking a knife to the organsiation to save costs. As a result they offered only statutory minimum redundancy pay. With my 11 years service I got 11 weeks notice (paid of course) and a redundancy sum of just over £3,000. What a joke. Shafted.

[Knyght_byte]

also if you work over so many years you get 1.5x usual salary.....altho i think its quite high like 16 years or so....

[unique]

Originally Posted by Knyght_byte

also if you work over so many years you get 1.5x usual salary.....altho i think its quite high like 16 years or so....

it's actually 1.5 weeks redundancy pay (not notice) for each year of service when you are 41 or over, and the maximum of statutory payment per week is £310, so if you are paid more than this, thats the most you would get per week

if you were 21 or under during any of the years service, your redundancy payment due is only a half week per year of service under 21

this is all different to redundancy notice. if you you look at the link below it explains eveything and has a table and calculator. as you can see, it's all designed to be as simple as possible, as the government is great at that

http://www.dti.gov.uk/employment/emp...page33157.html

[Londondecca]

The key focus in these situations is to find alternative work and dont forget your allowed reasonable time off to attend interviews etc, this does not mean the contractual side of things is unimportant but it is to easy to get caught up in the entirely understandable emotional and legal arguments.

If the company has a redundancy policy, get a copy and make sure they follow it and/or seek guidance from ACAS or a Union. Depending on the size of the firm and the number of people who are losing their jobs, consultants may be brought in to help with retraining or finding new work. If these people are around, I would highly recommend using them.

[Mr Incredible]

Also if the number of people being laid off is larger than a certain number (19?) then the employer has to give written notice of the layoff and a period ensues for consultation before any redundancy notices are issued (? 90 days).

I'd also ask for a copy of the redundancy evaluation process and marking scheme and who was included in the group in which you were assessed, to make sure you were not unfairly selected.

[Knyght_byte]

Originally Posted by Malice

Also if the number of people being laid off is larger than a certain number (19?) then the employer has to give written notice of the layoff and a period ensues for consultation before any redundancy notices are issued (? 90 days).

I'd also ask for a copy of the redundancy evaluation process and marking scheme and who was included in the group in which you were assessed, to make sure you were not unfairly selected.

aye, if the amount of folks being laid off is over a certain amount you have the right to contest it to the managment, you can either nominate a team to handle everything or handle your own case........sadly unless you can provide truly overwhelming case showing the redundancies are not necessary its simply a waste of time......the management will have already been informed by the most senior level directors of how to get around your claim......so unless you think it would hold up in court, your still out and have stressed over it for ages.....i believe you get up to 4 weeks to make the claim, then the redundancy notice can be issued......that was how it worked in my last place when they shafted us

[unique]

if a company is making more than 20 people on one site redundant within 90 days or less, they have to have a 30 consultancy period and notifiy the dti. if it's over 100 people they have to have a 90 day consultancy period and notify the dti

it's not clear in this case the number of staff being made redundant, or even if the consultancy is or isn't taking place.

if a complaint is made to a tribunal about the case not being handled correctly, the employee can be awarded up to 90 days pay

i get the impression that as the company is closing down due to a director retiring that it's just a small company, with a small number of staff, otherwise the director could sell the company on and retire, or employ someone to run the company for him

http://www.dti.gov.uk/employment/emp...page13852.html

[GrahamC]

My wife is in the payroll with Rebok and has just delt with all this (and still is). I was going to list the rules for you point for point but member unique has it spot on. Wifey says the linked DTI website is very good with a statutory redundancy calculator on it.