Redundancy Consultation within 12 weeks of sending a Letter of Grievance

[EmiT]

So, i sent my employer a Letter of Grievance on the 27th September, their letter of response dated 29th September was left on my desk on 7th October, 8 days later, not within 5.
They set a meeting for the following week which i had to postpone due to it conflicting with a prior work meeting with a client.
The meeting was then held, with their minute taker, an independent HR Consultant in which i was asked for further explanations on each of my points raised and was then told i would receive a copy of the minutes and an outcome soon.
No minutes of the meeting were ever provided to me and i received a letter handed on my desk, again, the following week saying that they listened to my grievance but found no grounds to my issues, but that i could appeal, which i did not, as did not see the point as i would be appealing to the Commercial Manager, who is the son of the MD.
I had a review meeting on Wednesday, in which I was quizzed as to why there were losses on my division, the reasoning as per my reasons in my grievance meeting have clearly been met with little understanding or satisfaction as today i have received a letter in regards to Consultation of redundancy as they are making 1 person redundant in my division, of which i am the sole member, it is clear that i am to be made redundant!

Two things really;
1. Where do i stand with raising a Grievance 10 weeks ago and now being faced with redundancy?
2. I have only been employed with the company for 18 months, so les than the two years entitling me to Statutory Redundancy Pay, but have 3 months Notice of Termination in my contract, so where do i stand here, can they just let me go under redundancy without any pay, or do they offer me 3 months notice?

I look forward to hearing advice and assistance, thank you!

[ULA]

I presume you raising a grievance relates to your previous thread linked to below, in which you mentioned being overworked and stressed.

https://legalbeagles.info/forums/for...ossible-issues

1. Unfortunately you have less than 2 years service so redundancy situation or not your employer can "fairly" dismiss you unless you can prove discrimination or a few other criteria, which could constitute an automatically unfair dismissal.

2. Your employer can either ask you to work the 3 months notice for which you will be paid in the normal way or they can require you not to work, in which case they will need to pay you in lieu of notice. Plus in either case they will need to account for any accrued but untaken holiday up to your day of termination which should be paid to you as well.

[EmiT]

Thanks ULA, I gathered as much, I have however now got into negotiating a settlement agreement which puts me on holiday from today through to the end of the month, using my outstanding holiday, therefore payment in full at the end of this month as well as 1 months notice/settlement payment too, which i am happy with in principle.

However, as part of the agreement they have offered, it states that the termination payment covers against any claim against Unfair Dismissal, Unlawful Deductions and and Claim Relating to Wrongful dismissal/Breach of contract, which again i have no issue with in principle, but should I, is this just a standard request in such circumstances or are they trying to protect themselves from something I am entitled to?

It also excludes any claim in respect of my entitlement to a pension - does this mean i can no longer claim my pension from them, or that my pension they they/I have paid into?

Any further advice before I respond would be greatly appreciated, thank you!

[ULA]

If they are making the payment to you and they wnat you to give up your rights to pursue any further claims then what they will need you to do is sign a Settlement Agreement (SA) which you will need to take to a specialist employment law adviser. This is becasue you are required to take independent legal advice before signing the document and the adviser will also need to sign it as well.

Part of their job is to ensure that the "compensation" being offered is at the correct level given the circumstances and the rights that you are giving up to bring any further claims. If they go not feel you are being offered enough "compensation" then they would have to negotiate with your employer to increase the sum being offered.

Most employment law advisers have a standard payment for providing this advice which is between £350 and £500 which is generally the rate that the employer offers to pay on your behalf for the advice. This is usually enough to cover the costs if the SA is straight forward and there is not much back and forth negotiating terms on your behalf.

Just a note for when you speak to the employment specialist, you will need to have a copy of your contract of employment as any good employment law adviser will ask to see this alongside the draft SA.

In terms of your pension they will have to make payments up to the date of your termination and for any notice period but after that time they are no longer required to make any further contributions. What will then happen is they will let the pension provider know you have left their employment and who will contact you directly about your pension plan, just make sure your contact details are up to date with the pension provider. This is your pension and you can either just hold on to that pension or at a later date if you wish you can transfer it into a new pension. Best to speak to a pensions adviser about this as and when.