Redundancy Pay

[spaghetamine]

Some of you may remember me posting about how much I hated my job some time ago on here. Now all my prayers have been answered and I will soon have no job at all. I've been blissfully furloughed for the last four months but yesterday bossman held a conference call yesterday to announce there will be several redundancies made in my department, I haven't been told for certain this will be me but it's very likely as my performance is probably lowest (as in I do the job fine but have put in the least amount of overtime) and I've been there the least amount of time relative to the rest of the employees. Everything I'm reading online is saying that they are under no obligation to provide me with any redundancy pay or even indeed "a fair process" as I have been working there for less than two years (around one and a half). They also made us take 10 days out of our holiday during furlough, so even if I get paid my holiday that will only be another 10 days or so.

Is this the most likely outcome or do companies have their own internal procedures? Is it possible I will be able to get some kind of pay but will have to threaten legal action or similar? This is my first time getting laid off so I'm fairly out of my depth here.

[bgmnts]

My mother is being fucked over by her public sector employers big time and the union has stepped in and god knows if she'll get her reduncancy. The management, like most places, are obviously corrupt and underhanded as fuck and I have no idea if she'll get her deserved redunancy pay.

I hope you get your redunancy. Unsure if you can contact a union to represent you but try that?

[Paul Calf]

They also made us take 10 days out of our holiday during furlough, so even if I get paid my holiday that will only be another 10 days or so.

I'd speak to your union / ACAS about that if I were you. I'm not sure that's legal.

If it's a public-listed company, they'll ask for volunteers first because there are advantages to voluntary redundancy over compulsory.

[seepage]

get hold of your company's redundancy policy, in case it offers better terms than the statutory redundancy pay.

[jobotic]

They have to have a proper selection process to chose who they get rid of. If they are reducing similar posts in number then they'd need some sort of scoring matrix or competitive interview.

Whatever they do it should be transparent and last in first out is illegal.

[Bleeding Kansas]

https://www.gov.uk/redundancy-your-rights

That's the basic government guidance (apologies if you have read it already).

I would say that there is no legal obligation for your employer to give you redundancy pay if employed for less than 2 years. Also, I believe dismissal is an easier process for them before the 2 year mark as well. However, I would also read your employment contract as the company's policy may be more favorable than the statutory rules.

For example, my notice period was 4 weeks after the 6 months probation period despite the statutory period being one week's notice if employed between one month and 2 years.

In terms of the forced holiday, The Working Time Regulations allows employers to compel employees to take holiday (unless their policies or employment contracts specify otherwise). To do so, an employer just needs to give notice of the requirement to take holiday which is twice the length of the holiday proposed, so four days' notice for two days of leave. I suppose the furlough might complicate things a bit though as the situation is unprecedented. Your employer should be topping up your holiday pay to 100% though.

That's my understanding anyway.

[Gurke and Hare]

Yeah, agree with BK here - you're screwed on the redundancy pay if they only pay statutory, but of you were furloughed under the government scheme I can't see how they can take that out of your holidays - the holidays are a feature of your employment, and while furloughed your employment is temporarily suspended I'd have thought. That bit is certainly dodgy as fuck.