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Redundancy, whats the law.

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Old 06-01-2007, 09:45 AM
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Fiecos Dan
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Default Redundancy, whats the law.

Hi,


Our boss went round yesterday morning, telling everyone,

'its law he has tell us, that the firm are gonna start making redundancy's soon as they have No work, or No money, and its in the firms best intrest'
and showed us all a letter about it.

A few of us asked, who and when, but all he would say is he dont know, and they will choose after they have interview'd us, but wouldn't say when.

But in the grape line we have heard, interviews are goona be on Monday, and who ever they choose will be leaving on the Friday.

They have
3 in the office, = Management
10 skilled workers, been there between 1 - 28 years,
2 labourers, ones been there 2.5 months, and the other is the bosses son.
1 boy


i'm the 5th from last person employed, and been their 1 year and 11 Months.

But i'm the 2nd to last Skilled person taken on,
because they have taken on 2 labours and 1 Boy after me.
But am also the youngest skilled person, but i would say i'm at least in the top half for my abilitys. and speed/quality and knowledge.

So i'm getting ready, and looking for work.



- But whats the law on period we have to be told,
- how much do they have to give me as a redundancy payment.



As i've still got over £1600 a month in Living cost Bills alone, So i need to sort something very quickly.

been job center, checked on the net, local papers, also gone thro the yellow pages and phone book. And rung all my mates in the trade.

Got a few options, But got to redo my CV now, as a few years old, and seems abit crap.



I'm 25 years old,
I've got City n guilds part 2 in welding and fabrication, with years of experience in
Tig,mig and stick welding, on Stainless steel, alloy and mild steel,
Done sheet metal, fabrications (staircases, structual steel, gates etc ect)
including mixed workshop and Site fitting.

But also done a few years on Plant fitting, inc HGV lorrys, and many years experience in working on cars as a hobby and private work.
Old 06-01-2007, 09:53 AM
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AX Cossie
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If you have more than 5 iirc and less than 100 people at your company being made redunadant they have to give you 30days consulation so you can find a new job. They have to make a whole group on redundancy terms.

e.g. if they were getting rid of a skilled worker, all 10 would be on consultation and then everyone would have to re-apply for the 8 positions or so left. If they want rid of you, you cant do much really. You should get 30days consultation and your notice period at least if youve been there less than 2 years. Then an extra 1 weeks pay for every year you have been there. That is the bare minimum they have to give by law but you will find employers will give more in a redundancy payout to let you go early and to keep you quiet.
HTH
Old 06-01-2007, 09:54 AM
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To qualify you have to have worked and been on PAYE with the company for at least 2 calender years since the age of 16.

Your redundancy pay is based on 3 things mate

1-your age
2-how long you have worked for the comapny
3-your weekly wage


If you were made redundant from 1 October 2006, statutory redundancy pay is worked out as follows:


1½ week’s pay for each complete year of employment when you were aged 41 or over.
1 week’s pay for each complete year of employment when you were aged between 22-40 inclusive.
½ week’s pay for each complete year of employment when you were aged under 22.


The maximum years of employment that can count is 20.

The legal notice for redundancy is 1 week for less then 2 years service, 2 weeks for 2 years service, 3 weeks for 3 years service and so on to a maximum of 12 weeks for 12 years. Any more than that then a std 12 weeks notice is in force.


Hope this is of help to you.
Old 06-01-2007, 10:13 AM
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Dicko&Vacant
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if it does'nt state anything about redundancy pay in your contract by law your not legally entitled to a thing as i found out

All i got was my month's notice pay then got taxed to fook on it lol
Old 06-01-2007, 10:17 AM
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Are you anywhere near Danny B - he was looking for someone just like you?
Old 06-01-2007, 10:30 AM
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they have to tell everyone who may be affected yes ...

we are in the same sort of situation at the moment certain areas have too many engineers now to make the company viable .. so the engineers in that certain area get a letter telling them there will be a redundacy in that area.
they have to tell everyone as its victimisation to just tell one person, whilst this is a complete kick in the nuts for all the other people concerned as they do not know it is the correct procedure to fllow.
Old 06-01-2007, 10:54 AM
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when we were told about it they made it clear that they would ask people to volenteer for the rudundancy package as they would get double what anyone who got the compulrosy got (a months wages plus any holiday pay oweing less stuff owed to the compnay)

everyone handed their forms back saying they'd take the redundnacy and a few got letters back saying they were at the end of the queue

what it sounds like to me in your case is that they have too many staff and want to get rid of some, but they need to give you 30 days notice and 30 days pay or soemthing along those lies as dan has stated
Old 06-01-2007, 10:59 AM
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Fiecos Dan
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AXcossie, Comedy Dan, Dicko&Sarah, Dumped, Eagle, Dojj


Cheers all,

but some seam to say different to each other.


I haven't signed a contract, and been there 1 year and 11 months.

Originally Posted by dumped
Are you anywhere near Danny B - he was looking for someone just like you?
Too far mate, cheers anyway.
Old 06-01-2007, 11:08 AM
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Originally Posted by Fiecos Dan
AXcossie, Comedy Dan, Dicko&Sarah, Dumped, Eagle, Dojj


Cheers all,

but some seam to say different to each other.


I haven't signed a contract, and been there 1 year and 11 months.

Originally Posted by dumped
Are you anywhere near Danny B - he was looking for someone just like you?
Too far mate, cheers anyway.
Just ring citizens advice mate thats what i did and they told me all the laws etc was on the phone for about 1hr lol really helpfull tho
Old 06-01-2007, 11:27 AM
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Hope you don't lose your job Dan

Steve.
Old 06-01-2007, 12:06 PM
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have a look in your company handbook should say about it in there

when i was threathen with redundancy it was a 30 day consulation period and the pay worked out as one week to every year was there
Old 06-01-2007, 12:12 PM
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Fiecos Dan
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Cheers lads,

seems as i'm under 2 years, they wont have to pay me anything, and only 1 weeks notice.


someone gave me this link on the other forum i use.

http://www.adviceguide.org.uk/index/...redundancy.htm
Old 06-01-2007, 12:36 PM
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heavy reading but it makes sense

good find

now go through the whole lot and see who it affects your particular situation and go from there

youv'e got 36 horus to read it
Old 06-01-2007, 12:45 PM
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Fiecos Dan
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ps,


i didn't sign a contract, nor was i shown or given a company hand book.
Old 06-01-2007, 01:13 PM
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if you didn't sign a contract they can get rid of you in seconds
Old 06-01-2007, 01:28 PM
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Still need to give warning,

as i have the full history of wage slips, stating i've been there.
Old 06-01-2007, 01:36 PM
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Originally Posted by dojj
if you didn't sign a contract they can get rid of you in seconds
Thats bollocks !


If you are given verbal instruction and then work to those instructions for a period of 6 weeks without raising any greivance you are deemed to have accepted those terms and conditions and therefore form part of your contract.

The fact you turn up and they pay you is enough for a contract to be in place.

A contract doesnt have to be written in script with a quill pen on velum sealed with a wax seal or a drop of blood to be legally binding.



As has been said, you should get a weeks wages for every complete year you've worked along with your notice period and they could ask you to work that notice period, plus any holiday thats outstanding.

Your weeks redundo money should be tax free.


Its never a good situation to be in, but your company have done more than most and actually told you that there maybe trouble ahead.

This stops any claims against them that they havent followed procedures regarding consultation, which could result in an employee making a claim.


Being the natural born cynic that I am, they have probably told everyone so that some people panic and leave of their own accord, so they reduce the workforce without having to pay out any redundo...

This is a risky strategy as they could end up loosing key employees which could push the company futher into difficulties.



If I was in your position I would be looking for another job and judging by your skill set you shouldnt have any problem at all finding work, you may have to move, but needs must when the devil drives.

As there is no big Redudno payout waiting for you if you hang on so best get out there.

However, dont just leave as you will get no unemployment benefits or be able to claim on any insurance policies you may have to cover loans / mortgages. However if you are made redundant you will get benefits etc after the end of your notice period.

Hope it all works out for you.
Old 06-01-2007, 01:43 PM
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so how are you going to proove that you are a ful time employee? even if they turn around and say you've been working for them for x amount of years, beacuse there is no contract they can wiggle their way out much easier than if they have a contract you can stick in ther faces

i get a new contract every year that goes along with the pay rise i get
if i don't sign the contract i get the same money, but before you say anything, i make sure i read it properly and get it worded right for me as my company do tend to get rid of the toruble mkakers it's easier to get things sroted before you sign your life away

last january's contract wasn't signed until august so it's not as if they are forcing me to make a desicion, and my pay gets backdated anyway so i'm laughing

but back to the original question, if you don';t have a contract how can you how much they owe you for working there for as long as you have?

not being nasty or nowt, just saying it like it is, especially if your boss is a dodgy git and wants a free escape
Old 06-01-2007, 05:48 PM
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i was told it is against laws not to have a contract
Old 06-01-2007, 07:04 PM
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I was laid off just b4 xmas.... 18 months in the job and got a months wages as redundency
Old 10-01-2007, 10:40 PM
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Well after days of saying the interview's are tomorrow, they are meant to be happening tomorrow.
Pure class, the way The firms managed.

Anyway, once in there, i'm handing in my notice, as Got a new job.

its also Local, same pay, but less Holidays (23 days in total rather than 27),
But after the months trail the wage will be going up, so my annual wage should be slightly better.


Cheers again for the advice.
Old 10-01-2007, 10:45 PM
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Originally Posted by Fiecos Dan
Well after days of saying the interview's are tomorrow, they are meant to be happening tomorrow.
Pure class, the way The firms managed.

Anyway, once in there, i'm handing in my notice, as Got a new job.

its also Local, same pay, but less Holidays (23 days in total rather than 27),
But after the months trail the wage will be going up, so my annual wage should be slightly better.


Cheers again for the advice.
Nice one matey

JJ
Old 10-01-2007, 10:54 PM
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Fiecos Dan
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Cheers mate.




I most of missed these.
Originally Posted by neilm
but your company have done more than most and actually told you that there maybe trouble ahead.

This stops any claims against them that they havent followed procedures regarding consultation, which could result in an employee making a claim.


Being the natural born cynic that I am, they have probably told everyone so that some people panic and leave of their own accord, so they reduce the workforce without having to pay out any redundo...

This is a risky strategy as they could end up loosing key employees which could push the company futher into difficulties.




Hope it all works out for you.

Yeah, thats the only reasons they told us, 1 to cover they arse, 2. on the hope some might leave.

But i'm the only that started looking. On monday i started ringing, and on Tuesday i had my interview, and got offered the job there and then.




Cheers for the help, and info.






Originally Posted by dojj
so how are you going to proove that you are a ful time employee? even if they turn around and say you've been working for them for x amount of years, beacuse there is no contract they can wiggle their way out much easier than if they have a contract you can stick in ther faces

My wage slip is the proof, got there name on it, and also tax records will also prove it.

But you most prob got a point about the rest.


Steve B,

how long till you got another job?
Old 11-01-2007, 06:31 AM
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Originally Posted by COMEDY DAN
The legal notice for redundancy is 1 week for less then 2 years service, 2 weeks for 2 years service, 3 weeks for 3 years service and so on to a maximum of 12 weeks for 12 years. Any more than that then a std 12 weeks notice is in force.
i eventually got my letter ... telling me i have 2 weeks untill i find out .. so have been there 6 1/2 years..so that means they will have to give me a date 6 weeks from their decision ??
Old 11-01-2007, 04:04 PM
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Had my interview this afternoon with the 2 directors.

They started off by explaining thier issue's, first off that quite a few jobs from last year didn't make money, the moral of the workers is poor at times. and that 'we' have lost 4 or more of there good customers recently.
So to keep the firm afloat they need to make 3-4 people go, and asked if i had any suggestions to help the firm in the future.

So i started my 10minute list, i was honest, professional and straight to the point. They agreed with some/most of it, whilst taking writen note's.



Right at the end,

i asked if i could voluntee to be made redundent, which they looked quite shocked, and asked why.

So i said my reasons. But they said they cant give me a answer till its decussed tomorrow between them selves.
Old 11-01-2007, 04:16 PM
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Originally Posted by Fiecos Dan
.

i asked if i could voluntee to be made redundent, which they looked quite shocked, and asked why.

So i said my reasons. But they said they cant give me a answer till its decussed tomorrow between them selves.
may work in your favour you could still get the redundancy pay
and you have job to go to
Old 13-01-2007, 10:12 AM
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I found out last night, that they accepted my voluntree redundancy, and they said i dont need to work next week. But need to pop in to sort out Hol's and my P45, and collect my tools.

i am getting weeks notice pay (which i'm not working), and my owed hol's.

As well as me, they let others 3 go. 1 skilled who's been there 4 years, 1 semi skilled/labourer and the apprentice.


The other workers aint happy, with me and the other skilled guy leaving, as The brother of the boss is useless, and HATED thro out the workshop for his attitude.


So waiting on a replay from a email i sent my new work place, but should start there on Tuesday morning.
Old 13-01-2007, 10:21 AM
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awesome mate glad things are going well for you!
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