Is there anything I can do?

[Ant]

I was working for a large commercial BPO company and the public funded project we were working for was cancelled and we were all informed that is likely that we are going to be made redundant (approximately 12mths before the end of the contract).
My circumstances was that I worked for the project for 10 years and was informed that some of us will only receive ‘statutory’ redundancy package. We also had a group of colleagues who were on an ‘enhanced’ redundancy package. We had a group who were disputing this as unfair.

I managed to find another job in August 2010 last year and left the company the end of September 2010. At this point no formal redundancy process had started and I believe this was due to start in December 2010 as the contract was due to end in March 2011. I took this job because the redundancy package was not worth taking the risk of not finding another job when I loose my job March 2011.

I have recently found out that all of my ex colleagues who where due for the ‘statutory’ redundancy package have been given the ‘enhanced’ package after all and this would of more than likely influenced my decision on resigning from this company.

Does anyone know if there is anything I can do about this?

:tinysmile_cry_t:

[pompeyfaith]

Re: Is there anything I can do?

Sadly as this my seem I think you will have to bite the bullet and move on the decision which you took was yours and to honest in todays climate I believe was a good one.

Only my opionion of course, but you can phone ACAS and see what they say.

http://www.acas.org.uk/index.aspx?articleid=1461

[Amy]

Re: Is there anything I can do?

So you weren't made redundant, you left before the redundancies even started and found another job?

But you want the redundancy package anyway?

[Ant]

Re: Is there anything I can do?

Thanks both,

I just want someone to tell it straight has you can imagine loosing between £25k and £30k because I jumped ship too soon somewhat hurts and I can't help feeling I have been cheated somehow (especially after 10yrs service). But as you said pompeyfaith at least I have a job.

I just felt that because I was told that I would get only the ‘statutory’ package worth about £5k it made me make a decision which was miss informed, therefore would you not blame me for feeling cheated.

:tinysmile_hmm_t2:

[pompeyfaith]

Re: Is there anything I can do?

Ant,

I do sympathize with you as I had a similar experience in 2007 and also jumped ship early but in my case on refection it was the right chose.

Sorry if I came across a bit blunt but I am not here to get peoples hopes up however you should speak to ACAS and get an experts opionion also.

Good Luck.

[charitynjw]

Re: Is there anything I can do?

http://www.emplaw.co.uk/lawguide?sta...a/09101213.htm

The time-limit for claiming statutory redundancy pay is SIX MONTHS (beginning with the relevant date).
This is in contrast to the three month time-limit for unfair dismissal complaints.
See also time-limits/for wrongful dismissal claims for notes covering the position where the employee is contractually entitled to redundancy pay (apart from any right to he may have to statutory redundancy pay).

Wrongful dismissal is dismissal in breach of contract (unlike unfair dismissal, which is entirely statutory and quite independent of contract - see WRONGFUL DISMISSAL/unfair dismissal and wrongful dismissal compared ). Until 1994 all wrongful dismissal claims had to be brought in the Courts. Employment Tribunals had no jurisdiction. That has now been changed and, subject to limits to compensation which can be awarded, Employment Tribunals now have concurrent jurisdiction with the Courts (see Employment Tribunals/jurisdiction of/extension to breach of contract cases ).
One of the consequences of the change is that there are now two different time limits for bringing wrongful dismissal claims.
If the claim is brought in the Courts the time-limit imposed by Limitation Act 1980, s.5 will normally apply. This provides that "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued" (although there can be extensions in special cases eg if fraud is involved, Limitation Act 1980, s.32).
If the claim is brought as a contract claim before an Employment Tribunal under the new 1994 extension of jurisdiction rules there will be a 3 month time-limit (see time-limits/for various applications to Employment Tribunals/contract claims ).
The comments above apply equally to a claim for contractual redundancy pay. Any such claim will, of course, be a breach of contract claim. The 6 month time-limit for statutory redundancy pay claims (ERA 1996 s.164(1) and see time-limits/for various applications to Employment Tribunals/statutory redundancy pay claims ) is irrelevant to any claim for contractual redundancy pay.

[chrissiej]

Re: Is there anything I can do?

I am sure that someone will correct me if I am wrong, but I manage people in my role and if we are considering making anyone redundant it is absolutely vital that the word "redundancy" is not used before the formal consultation begins.

As soon as you tell someone they are likely to be made redundant - you are in consultation. Even if they leave and find another job - which they ought to do to mitigate their losses - then they have to be included in the subsequent consultation, review and decision re which posts (and therefore which people) are to go.

If it was decided that the job which Ant did was not redundant then he would not get any redundancy money as he had resigned prior to the end of the consultation and as long as the company replaced him with someone else in that role then that would be the end of it.

But on the face of it, if his post was made redundant he should receive redundancy money as he acted on the information given.

I would say that the manager and the HR person should be sacked for their sheer incompetence ....... !!

[Ant]

Re: Is there anything I can do?

Thanks everyone for taking the time to reply, most appriciated.

I am going to run this past ACAS and see what they say. Chrissiej, I also found your commnets interesting with regards to the timing and when we should be informed. Need to point out though this was redundancies for around 300 people because the project had ceased to be funded by the DfE. HR did provide (me) us with an estimate in June 2010 on how much I would get if I was made redundant, not sure if that would be evidence that formal consultation had started. Anyway Pompeyfaith is right I should contact ACAS and see what they think? Thanks again everyone.

[charitynjw]

Re: Is there anything I can do?

Also, Ant, were you paid 'redundancy', or was it a negotiated sum for some other reason? (eg. payment in lieu of notice)

[Ant]

Re: Is there anything I can do?

I was paid nothing because I resigned before I was made redundant.

[pompeyfaith]

Re: Is there anything I can do?

I was paid nothing because I resigned before I was made redundant

That will be the sticking point, but yes contact ACAS and was you in a union?

[Ant]

Re: Is there anything I can do?

Thanks, no I was was not in a union, not sure if it would of done me any good anyway.

Will let everyone know how I get on.