Role "at risk" - a few Q

[alfaspud]

I'm hoping for some pointers from the PH collective wisdom....

Last week I was informed by my employer that my role is "at risk" and that a consultancy period has now started - expected to last 2-3 weeks.

Though I have gone through redundancy a couple of time before, the last time was ~20yrs ago and I don't remember all of the details, so I have a few questions I thought I'd ask here:

If my role is made redundant, I was told I would go on garden leave. Can I expect non-contractual benefits e.g. car allowance, bupa to continue during the garden leave?

Though my contract specifies one month notice each way am I correct in thinking that legally the notice they have to provide is 12 weeks as I have ~19 years continuous service?

They have provided a redundancy pay illustration - though this is more than the statuary payment it doesn't feel particularly generous. Can this be negotiated?

I've been asked to look at internal vacancies, which I'll do though I don't expect to find anything suitable. Can they identify a vacant role and ask (insist?) that I take that instead of redundancy?

Anything else I ought to think about?

Lastly I expect I will need a solicitor pretty soon to review any settlement agreement - any recommendations? I'm just outside Reading.

On a personal note I'm actually relieved this is happening - I've not been enjoying the role this year, and have been thinking about moving on.

Thx.

[anonymous-user]

alfaspud said:

I'm hoping for some pointers from the PH collective wisdom....

Last week I was informed by my employer that my role is "at risk" and that a consultancy period has now started - expected to last 2-3 weeks.

Though I have gone through redundancy a couple of time before, the last time was ~20yrs ago and I don't remember all of the details, so I have a few questions I thought I'd ask here:

If my role is made redundant, I was told I would go on garden leave. Can I expect non-contractual benefits e.g. car allowance, bupa to continue during the garden leave?

Yes. They can't do it if you're commission based though.

Though my contract specifies one month notice each way am I correct in thinking that legally the notice they have to provide is 12 weeks as I have ~19 years continuous service?

There is a statuary minimum they are required to pay which is located on the Gov website.

They have provided a redundancy pay illustration - though this is more than the statuary payment it doesn't feel particularly generous. Can this be negotiated?

You can negotiate but they can stick to what is in the contract.

I've been asked to look at internal vacancies, which I'll do though I don't expect to find anything suitable. Can they identify a vacant role and ask (insist?) that I take that instead of redundancy?

They can but has to be along your sort of work. If you refuse, then no redundancy payment will be made unless you feel aggrieved in which case take it up with ACAS.

Anything else I ought to think about?

Lastly I expect I will need a solicitor pretty soon to review any settlement agreement - any recommendations? I'm just outside Reading.

On a personal note I'm actually relieved this is happening - I've not been enjoying the role this year, and have been thinking about moving on.

Thx.

That's a rough idea of what can happen. I don't think you'll need a solicitor unless you can grab a half hour freebee.

[parabolica]

pocketspring said:

That's a rough idea of what can happen. I don't think you'll need a solicitor unless you can grab a half hour freebee.

If they are paying the OP more that statutory then presumably they’ll give him a settlement agreement, and to sign that he’ll need a lawyer.

[Jordie Barretts sock]

parabolica said:

pocketspring said:

That's a rough idea of what can happen. I don't think you'll need a solicitor unless you can grab a half hour freebee.

If they are paying the OP more that statutory then presumably they’ll give him a settlement agreement, and to sign that he’ll need a lawyer.

Why? Can he not make the decision himself?

[jm8403]

Jordie Barretts sock said:

Why? Can he not make the decision himself?

Yes - he doesn't neeed a lawyer.

[anonymous-user]

I never had a lawyer when I signed my agreement.

[Zarco]

Jordie Barretts sock said:

parabolica said:

pocketspring said:

That's a rough idea of what can happen. I don't think you'll need a solicitor unless you can grab a half hour freebee.

If they are paying the OP more that statutory then presumably they’ll give him a settlement agreement, and to sign that he’ll need a lawyer.

Why? Can he not make the decision himself?

I was made redundant last year with a settlement agreement. My employer insisted that I used a lawyer to review it, which they paid for. I think this is to protect them from any come back/they can demonstrate they didn't diddle me out of anything.

I just Google'd settlement agreement lawyer and did it all over the phone/email. Piece of cake and took no time at all. They did pick up on something extra I was owed too.

I've been made redundant previously without a settlement agreement, and didn't have to do this.

[parabolica]

Jordie Barretts sock said:

parabolica said:

pocketspring said:

That's a rough idea of what can happen. I don't think you'll need a solicitor unless you can grab a half hour freebee.

If they are paying the OP more that statutory then presumably they’ll give him a settlement agreement, and to sign that he’ll need a lawyer.

Why? Can he not make the decision himself?

Depends on how complicated the agreement are; ours are 30 pages long with a lot of terms and restrictions, some of which are heavily weighted to the employer. Someone just signing for the money may not know what they can and cannot push back on, or what could be negotiated; but an employment lawyer will and the employer should provide funding towards the cost of this.

[Jordie Barretts sock]

Right ok.

[Zarco]

Jordie Barretts sock said:

Right ok.

That was my reaction too at the time

[alfaspud]

Thanks everyone for your comments.

Re Settlement agreement - the illustration I've received states the the enhanced payment is subject to entering into a settlement agreement. As I'm not a legal person, I'm after a solicitor to review and advise on the agreement before I sign it.

ETA: another question - does / should holiday leave entitlement continue during garden leave?

Edited by alfaspud on Monday 3rd October 10:17

[Doofus]

alfaspud said:

Thanks everyone for your comments.

Re Settlement agreement - the illustration I've received states the the enhanced payment is subject to entering into a settlement agreement. As I'm not a legal person, I'm after a solicitor to review and advise on the agreement before I sign it.

The Agreement won't be complex. They won't be trying to trick you, but you should get legal advice anyway.

Most Agreements include a clause which says you can't tell anyone about why you left your job, or even that the Agreement exists. If yours does, then get that clause changed, because otherwise you won't be able to tell a future employer the reason for leaving this job. This is why legal advice is helpful. Plus, your employer will pay the lawyer's fees (usually up to 3 or 4 hundred quid), so you may as well take advantage of a free half hour chat with somebody.

[Jasandjules]

alfaspud said:

I'm hoping for some pointers from the PH collective wisdom....

Last week I was informed by my employer that my role is "at risk" and that a consultancy period has now started - expected to last 2-3 weeks.

Though I have gone through redundancy a couple of time before, the last time was ~20yrs ago and I don't remember all of the details, so I have a few questions I thought I'd ask here:

If my role is made redundant, I was told I would go on garden leave. Can I expect non-contractual benefits e.g. car allowance, bupa to continue during the garden leave?

Though my contract specifies one month notice each way am I correct in thinking that legally the notice they have to provide is 12 weeks as I have ~19 years continuous service?

They have provided a redundancy pay illustration - though this is more than the statuary payment it doesn't feel particularly generous. Can this be negotiated?

I've been asked to look at internal vacancies, which I'll do though I don't expect to find anything suitable. Can they identify a vacant role and ask (insist?) that I take that instead of redundancy?

Anything else I ought to think about?

Lastly I expect I will need a solicitor pretty soon to review any settlement agreement - any recommendations? I'm just outside Reading.

On a personal note I'm actually relieved this is happening - I've not been enjoying the role this year, and have been thinking about moving on.

Thx.

Whether the benefits continue on Garden Leave is subject to the contractual clause. Check your contract of employment and see what it says. As a rule, unless expressly excluded, they continue.

If you have more than 12 years employment then your notice period is 12 weeks.

Yes any offer can be negotiated.. Whether they play ball or not is another question, but I am a big fan of don't ask don't get.

I will leave it to others to make recommendations as to whom to use in the circumstances..........

[Jasandjules]

jm8403 said:

Jordie Barretts sock said:

Why? Can he not make the decision himself?

Yes - he doesn't neeed a lawyer.

If there is a Settlement Agreement then it is required to be signed by a lawyer to be valid. The Employer will pay a donation towards that fee however (I try to work for the fee offered by the employer even when it is low and hope it is a simple matter rather than requiring extensive arguments).

IF however settlement is achieved via ACAS and there is a COT3, this does not require signing by a lawyer...

ETA - and of course if it is just a standard redundancy and bye bye with no settlement agreement this does not require a lawyer to sign off....

Edited by Jasandjules on Monday 3rd October 20:57

[IAN1967]

When I was made redundant about 3 years ago I used the following, in Reading, as I had to sign a settlement agreement. From memory the company pays their fees.

HTH

Mark Lafferty
DPH Legal
Davidson House
Forbury Square
Reading
Berkshire
RG1 3EU

Tel: [phone]
DDI: 01189 001658
Mob: [phone]

[randlemarcus]

If the employer is requiring a settlement agreement to be signed, they SHOULD be offering to pay for that time. I recently found our learned friend JasandJules enormously helpful, both in advising how far I could push negotiation, and what the 17 pages of fine print meant

[alfaspud]

Thanks for the further comments. They've confirmed my benefits will continue through the garden leave, and that the notice is 12 wks (turns out that was specified in the contract anyway). They will also pay towards the solicitor fees.

JasandJules - you should have an email from myself

[Jasandjules]

alfaspud said:

JasandJules - you should have an email from myself

I have replied, but not sure if it arrived so I have PM'd you on here too...

[Sy1441]

Zarco said:

I was made redundant last year with a settlement agreement. My employer insisted that I used a lawyer to review it, which they paid for. I think this is to protect them from any come back/they can demonstrate they didn't diddle me out of anything.

I just Google'd settlement agreement lawyer and did it all over the phone/email. Piece of cake and took no time at all. They did pick up on something extra I was owed too.

I've been made redundant previously without a settlement agreement, and didn't have to do this.

A settlement agreement and being made redundant via the redundancy process are two different things. The prior would requite the agreement to be read and signed in the presence of a lawyer, the latter not.

[Zarco]

Sy1441 said:

Zarco said:

I was made redundant last year with a settlement agreement. My employer insisted that I used a lawyer to review it, which they paid for. I think this is to protect them from any come back/they can demonstrate they didn't diddle me out of anything.

I just Google'd settlement agreement lawyer and did it all over the phone/email. Piece of cake and took no time at all. They did pick up on something extra I was owed too.

I've been made redundant previously without a settlement agreement, and didn't have to do this.

A settlement agreement and being made redundant via the redundancy process are two different things. The prior would requite the agreement to be read and signed in the presence of a lawyer, the latter not.

Yep. I did already know that.