Volountary Redunancy and notice period - HotUKDeals
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Volountary Redunancy and notice period

cv54 Avatar
2y, 4m agoPosted 2 years, 4 months ago
Hi,
I have been offered Volountary Redunancy and I'm tempted to accept.
The settlement is ,as advertised when i applied, a maximum of twelve months ( a month for every year worked plus one month extra).. so effectivly Thirteen months pay.
I recieved my offer today at 15:30 and apparently have until Thursday to accept and leave.
When i queried the notice period they told me ' its all rolled up into the offer' ..but the offer is just the standard thirteen months.
So,am i entitled to a period of notice (my t+cs say three months) ,or can they just tell me that i have to leave by Thursday or they withdraw the offer??
Thanks for any help ...
cv54 Avatar
2y, 4m agoPosted 2 years, 4 months ago
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Responses/page:
#1
Do you really want forum members to answer this question? Call ACAS and receive free employment advice: ACAS. Otherwise, speak to an employment law specialist.

Edited By: Resali on Jul 28, 2014 19:47
#2
If there asking you to leave why would you want to stay on? take your money and run, most companies would like people to leave as if you stay on you may cause damage in sorts to them, when it happened to me I asked if they would want me to work my notice or time and was told if you want to but no need.
#3
Wouldn't bother with a as - useless in my experience
banned#4
Are you looking for an extra 3 months pay over and above the 13 months on offer? It may be that they have limited your decision to thursday as they don't want to offer the extra 3 months notice.

As Resali says you are best to contact ACAS or another specialist who can give you definitive answers rather than us speculating what we think best.

Good luck though, it will be a great result if you get 3 months notice extra as well but I think they want you to go immediately so as not to give you the notice also.
#5
* acas
#6
Resali
Do you really want forum members to answer this question? Call ACAS and receive free employment advice: ACAS. Otherwise, speak to an employment law specialist.
Hey,none of my searches threw up this answer,so already a useful result...
And generally I find advice from here to be very useful ...
#7
konimitsu
Are you looking for an extra 3 months pay over and above the 13 months on offer? It may be that they have limited your decision to thursday as they don't want to offer the extra 3 months notice.

As Resali says you are best to contact ACAS or another specialist who can give you definitive answers rather than us speculating what we think best.

Good luck though, it will be a great result if you get 3 months notice extra as well but I think they want you to go immediately so as not to give you the notice also.

Its a big decision,and from getting the figure I'd have liked more than a couple of days to consider my options..
Plus I've already booked my childcare for the next month ..
although,yep,an extra three months would make the decision easier :-)
#8
Does your contract state that the formula applied to the calculation of the redundancy payment is discretionary?

and

Has the need for your role diminished or ceased?
#9
I think the OP is questioning the notice period of the redundancy not the offer

AFAIK some employees get notified of pending redundancy but the employer must pay them or continue employing them for a reasonable amount of time (to allow them to seek new employment or come to preparing for redundancy).

Therefore - 13 months redundancy + 3months paid work or salary

For the OP it would also depend on their age, the potential to get a new job and current financial status (mortgage, loans etc) whether to accept immediately or challenge the notice period.



Edited By: philphil61 on Jul 28, 2014 20:29
#10
You're entitled to either working your 3 month notice or 3 months pay (Compensation In Lieu Of Notice). Employer can choose, but should offer one.

Of course, they're also entitled to withdraw their redundancy offer if you ask for this money, as its voluntary (the redundancy offer, not the notice period).
#11
In order to assess the offer the redundancy formula needs to applied on top of the notice period less tax for the notice and the total compared to the offer. However if the redundancy formula is discretionary unless the employee wants to risk having to litigate over the improper exercise of that discretion, it might not be advantageous to refuse the offer.
#12
I'm guessing you want a quick answer as to whether or not this is actually a good offer, unf only you can work it out
your contract will state any consultation period required for redundancy, as for legal minimums on notice period and redundancy pay this will depend on factors such as age, length of employments etc so you need to google the legal minimums for you, they may just be better if they are trying to strong arm you into a quick decision.
#13
statutory redundancy is 1 week for every year worked, capped at a certain amount. effectively not a great deal so 13 months full pay will include your 3 month notice.

you won't pay tax on redundancy pay up to 30k but you will on the 3 month notice part.

sounds a great deal to me. if it was me I would bite their hands off and be the first in the queue.
#14
mutley1
statutory redundancy is 1 week for every year worked, capped at a certain amount. effectively not a great deal so 13 months full pay will include your 3 month notice.

you won't pay tax on redundancy pay up to 30k but you will on the 3 month notice part.

sounds a great deal to me. if it was me I would bite their hands off and be the first in the queue.

As i said statutory amounts vary with age and employment period, there is also a statutory period of notice which can match the redundancy, this can all add up if the OP has been there a long time
#15
There is meant to be a 'gardening period' to help you come to terms with losing your job, and they should offer support.

I was in a similar position in 2009, except I didn't have a choice, I'm glad I left though, I'm now doing something completely different and actually enjoying my job, although the pay is much less, job and life satisfaction is more important to me now.

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