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Ben. I have a strong feeling I will be made redundant due to…

Hi Ben. I have a...
Hi Ben. I have a strong feeling I will be made redundant due to our company's acquisition. My question is, can I be made redundant once having handed in my notice (3 mths), and outside of doing something wrong to get myself terminated, is there anything else they can do to reduce my 3 month's pay? I am counting on that time to be able to get a new job. The
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Customer reply replied 7 months ago
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Answered in 20 hours by:
1/7/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Was your original question cut short after 'The'?

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Customer reply replied 7 months ago
Ah, yes - it was, sorry. It should have continued, "The idea is to get first mover advantage and put my notice in before they mention reviewing my position's viability." that's the end for now. Look forward to your response, as am going to act tomorrow first thing.
What price must they give you on termination?
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Customer reply replied 7 months ago
For clarity, when you say termination, the contract says they can pay me in lieu of any notice of termination
Customer reply replied 7 months ago
To add, they can also terminate without pay in the event of the usual stuff such as; gross misconduct, bringing company into disrepute, failure to meet company standards further to being given written warning (which I haven't received), etc
Sorry autocorrect got the better of me earlier I meant what notice must they give you not what price
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Customer reply replied 7 months ago
No problem - contract states...Section 3 Term3.1The Employment commenced on xxx and, subject to clause 15 [Termination clause, contents of which already cited in part in previous response], shall continue util terminated by either party giving to the other not less than three calendar months' notice[ ] denotes my inclusion
Thanks. Whether you resign or are made redundant you will still be entitled to 3 months notice. Unless they can actually show evidence of gross misconduct they will have to honour the notice period. Obviously if you resigned first then you will not get a redundancy payment if you were due one on redundancy. What they could do is just let th resignation notice run to course or pay you in lieu of notice and terminate you that way. There is nothing stopping thenm from making you redundant after you have resigned but that does not affect your right to the notice period due.
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Customer reply replied 7 months ago
Ok - that's very reassuring to hear Ben. I must confess, I had heard that I could only be entitled to statutory pay in the event of redundancy, irrespective of my notice period. So that would be 1 -1.5 weeks' pay per year of service (I've been there more than 2 years).
Customer reply replied 7 months ago
That was on a number of government sites (UK)
Do you have a source to see what you referred to please?
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Customer reply replied 7 months ago
https://www.moneyadviceservice.org.uk/en/articles/redundancy-pay
https://www.gov.uk/redundant-your-rights/redundancy-payThere is no redundancy clause in my contract you see
This is the redundancy pay which is in addition to your notice period. So if you resign you will get the 3 months notice but no redundancy pay. If you are made redundant you will get the 3 months pay AND redundancy pay on top. So by resigning you are actually potentially missing out on the redundancy pay part
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Customer reply replied 7 months ago
Hmmm, I see. I had thought about asking for voluntary redundancy before they mentioned it, but didn't know what they would be entitled to give me, hence my research. Also, as they have not mentioned redundancy, then it makes my mentioning of it a little tricky. My concern is will they try and do the dirty on me if they know I'm thinking of redundancy, by finding a way to terminate my employment and thus reduce their commercial liability. I clearly don't want to scupper my chances of maximising my pay, but don't want to set myself up for an unnecessary fall either. That's my dilemma. What are your thoughts Ben?
Well what do you think they may find to use as a reason to terminate your employment? Obviously I don’t know any background so cannot say what is viable and what is not here
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Customer reply replied 7 months ago
In short, the commercial returns from my position. I'm a specialist and the opportunities to monetize this specialism are very sporadic and dependent on others to generate the opportunities I fulfil. On the back of this, I spoke to my MD at the time and we agreed to craft a new initiative to in-effect, re-launch me and what I do. I specifically asked what the commercial boundaries were in terms of what I needed to achieve and by when, and it was confirmed that there were to be none at this stage - let's see how we go and review in other words.
the
A new MD has come in, and the I had the same conversation with them and received the same answer of "no, we're good for the moment, but will of course need to start to re-evaluate in a few months".That time period is more or less now, but has coincided with the acquisition. So, the more relaxed approach taken my mgt up to this point was easy to do, because we were totally independent organisation with more or less, full regional autonomy.However, that is no longer the case, and so all commercial activity will now definitely be scrutinised through the lens of the new parent company, and it will be clear to them that from a hard numbers point of view, things don't stack up - especially as they have an entire division that now does what I do, so my skills are no longer unique.Having now written my response to you, I am pretty clear on what the most logical thing to do should be, but am keen to get your final thoughts. Thanks
None of the above will result in gross misconduct affecting your notice pay so whilst they may eventually look at redundancy you have to decide when is best to leave and how to do it - if there isn’t any mention of redundancy and you need to leave soon for other employment you may have to resign potentially risking missing out on redundancy pay. However if redundancy is actively contemplated then let them go down that route and at least then you get your redundancy pay as well
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Customer reply replied 7 months ago
Great - thanks Ben!
Customer reply replied 7 months ago
O - 2 final things. 1 - f they offer me another role in the event they feel this one is redundant, and that role pays less, and consequently I turn it down, then what happens to my notice period and redundancy? 2 - contract states that the agreement can be transferred within the company group at any time. Can they do this without telling me, and also change the terms at the same time, or must they tell me and get my agreement? In the event the terms are worse, i.e. 1 month's notice, and I turn it down, then same again - what happens to notice period, etc?

If it’s an unsuitable alternative which is reasonably rejected then you will still keep your redundancy and notice. They can change the contract to another group company without consent as long as the new role is not significantly different to current one. If the changes are detrimental then you can refuse to move and the notice will still stand

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones
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Customer reply replied 7 months ago
All good - much appreciated Ben! Thx
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