Redundancy rights (mother inlaw)
Discussion
My mother in law is facing the unfortunate prospect of redundancy after working for a educational based company for over 20 years, I get the impression current salary is under 30k (working full time).
The letter she recieved yesterday lays out the process. She must engage with current job opportunities in the firm, if she doesn't this will risk the redundancy payout. She has 5 working days to respond to the letter and has the opportunity for a meeting to discuss the reasoning around the redundancy. If no suitable redeployment is found redundancy will be effective from the end of August.
There are a couple good websites online, but would like a bit of clarification on some aspects.
Now are the company obliged to present suitable alternative roles or must she seek them out (ie apply for them through the normal process)?
If she is 'redeployed' is she obliged to take a pay cut? (If the salary band of the new role is less)?
She currently works approximately 2 miles from her home location. What would a reasonable commute be considered with respect to redeployment?
If suitable redeployment was found, would she have to forgo the 20 years she's accrued as an employee. The firm she works for was taken over by an academy last year, so a redeployment would be for the academy rather than current part of the company?
I am also guessing she is entitled to request her calculated redundancy payout, if it were to go ahead? (Currently not been provided).
This really isn't a great situation, although she is financially stable, she won't have a very big rainy day fund. And at the age of 60, I'd imagine she may find re-employment difficult despite numerous qualifications and experience.
Any advice/tips would be gratefully recieved.
The letter she recieved yesterday lays out the process. She must engage with current job opportunities in the firm, if she doesn't this will risk the redundancy payout. She has 5 working days to respond to the letter and has the opportunity for a meeting to discuss the reasoning around the redundancy. If no suitable redeployment is found redundancy will be effective from the end of August.
There are a couple good websites online, but would like a bit of clarification on some aspects.
Now are the company obliged to present suitable alternative roles or must she seek them out (ie apply for them through the normal process)?
If she is 'redeployed' is she obliged to take a pay cut? (If the salary band of the new role is less)?
She currently works approximately 2 miles from her home location. What would a reasonable commute be considered with respect to redeployment?
If suitable redeployment was found, would she have to forgo the 20 years she's accrued as an employee. The firm she works for was taken over by an academy last year, so a redeployment would be for the academy rather than current part of the company?
I am also guessing she is entitled to request her calculated redundancy payout, if it were to go ahead? (Currently not been provided).
This really isn't a great situation, although she is financially stable, she won't have a very big rainy day fund. And at the age of 60, I'd imagine she may find re-employment difficult despite numerous qualifications and experience.
Any advice/tips would be gratefully recieved.
Edited by Rob_125 on Thursday 6th July 17:08
Now are the company obliged to present suitable alternative roles or must she seek them out (ie apply for them through the normal process)?
Usually the company would advise of any suitable roles that she could apply for. This could be by directing her to internal vacancies, they have no obligation to try and place her. Some companies will actively try to redeploy, others just share vacancies.
If she is 'redeployed' is she obliged to take a pay cut? (If the salary band of the new role is less)?
She cannot be forced to be re-deployed into a role on lesser terms if her preference would be to take the redundancy payout.
She currently works approximately 2 miles from her home location. What would a reasonable commute be considered with respect to redeployment?
Really depends on what her employment contract says but more than likely yes.
If suitable redeployment was found, would she have to forgo the 20 years she's accrued as an employee. The firm she works for was taken over by an academy last year, so a redeployment would be for the academy rather than current part of the company?
No. She would either keep continuous employment as the academy is the "company" or fi it's separate be TUPE'd to the academy or be entitled to take redundancy and take up the new role. There is a watch for here where someone who has taken up work for another company whist working notice isn't sue redundancy so I'd take advice on this from someone with more knowledge than myself such as an employment lawyer.
I am also guessing she is entitled to request her calculated redundancy payout, if it were to go ahead? (Currently not been provided).
This will generally be provided at the point where no suitable redeployment option is identified. Statutory is easy to work out (https://www.gov.uk/redundancy-your-rights/redundancy-pay#:~:text=You%27ll%20get%3A,you%20were%2041%20or%20older) however a lot of companies will offer enhanced redundancy, really depends on the situation.
This really isn't a great situation, although she is financially stable, she won't have a very big rainy day fund. And at the age of 60, I'd imagine she may find re-employment difficult despite numerous qualifications and experience.
Really depends the sector and salary she's after, I've hired plenty of over 60's in my time.
As a person who has been made redundant 4 times and been the one who's had to announce the redundancies 4 times my advice to anyone is "take the money"!. There's always other jobs but very rarely someone willing to write you a big cheque!.
Usually the company would advise of any suitable roles that she could apply for. This could be by directing her to internal vacancies, they have no obligation to try and place her. Some companies will actively try to redeploy, others just share vacancies.
If she is 'redeployed' is she obliged to take a pay cut? (If the salary band of the new role is less)?
She cannot be forced to be re-deployed into a role on lesser terms if her preference would be to take the redundancy payout.
She currently works approximately 2 miles from her home location. What would a reasonable commute be considered with respect to redeployment?
Really depends on what her employment contract says but more than likely yes.
If suitable redeployment was found, would she have to forgo the 20 years she's accrued as an employee. The firm she works for was taken over by an academy last year, so a redeployment would be for the academy rather than current part of the company?
No. She would either keep continuous employment as the academy is the "company" or fi it's separate be TUPE'd to the academy or be entitled to take redundancy and take up the new role. There is a watch for here where someone who has taken up work for another company whist working notice isn't sue redundancy so I'd take advice on this from someone with more knowledge than myself such as an employment lawyer.
I am also guessing she is entitled to request her calculated redundancy payout, if it were to go ahead? (Currently not been provided).
This will generally be provided at the point where no suitable redeployment option is identified. Statutory is easy to work out (https://www.gov.uk/redundancy-your-rights/redundancy-pay#:~:text=You%27ll%20get%3A,you%20were%2041%20or%20older) however a lot of companies will offer enhanced redundancy, really depends on the situation.
This really isn't a great situation, although she is financially stable, she won't have a very big rainy day fund. And at the age of 60, I'd imagine she may find re-employment difficult despite numerous qualifications and experience.
Really depends the sector and salary she's after, I've hired plenty of over 60's in my time.
As a person who has been made redundant 4 times and been the one who's had to announce the redundancies 4 times my advice to anyone is "take the money"!. There's always other jobs but very rarely someone willing to write you a big cheque!.
Edited by Sy1441 on Thursday 6th July 20:14
Edited by Sy1441 on Thursday 6th July 20:20
The company will normally check for suitable roles.
She is not required to take a pay cut, that is unlikely to be a suitable alternative (of course a few quid would be ok but a few thousand not)..
If she is re-deployed it would be continuous service. That being said legally redundancy can be capped at 20 years...
She is not required to take a pay cut, that is unlikely to be a suitable alternative (of course a few quid would be ok but a few thousand not)..
If she is re-deployed it would be continuous service. That being said legally redundancy can be capped at 20 years...
Jasandjules said:
The company will normally check for suitable roles.
She is not required to take a pay cut, that is unlikely to be a suitable alternative (of course a few quid would be ok but a few thousand not)..
If she is re-deployed it would be continuous service. That being said legally redundancy can be capped at 20 years...
Glad my answers lined up with the forum expert, you helped me many many years ago with my questions!She is not required to take a pay cut, that is unlikely to be a suitable alternative (of course a few quid would be ok but a few thousand not)..
If she is re-deployed it would be continuous service. That being said legally redundancy can be capped at 20 years...
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