Job advert before offially redundant

[kidbi11y]

Hi, i'm new to the forum, i came accross it on a google search and was hoping someone could please help me.

My work got us al (6 people)l in a meeting on monday and told us that they want to relocate the office to another part of the country and that means they are giving us notice of being at risk of redundancy.

They have said noting is a forgone conclusion and that there will be a period of discussion and hazmeetings??? before a decision is made.
all 6 of us know that it is actually going to happen but they cant say that until they have done a process.

However we have seen today that the company are already advertising the job for the other part of the country with closing at end of month.
Can they do this? we havent officially been made redundant as of yet and also thay havent asked us if we would like the job in the new place.

obviously this is annoying the 6 of us as we can look for a new job until official redundancy comes through.

can someine please help?

[Kati]

Re: Job advert before offially redundant

[MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] ??

[ULA]

Re: Job advert before offially redundant

It sounds like they have started the process in the right way - notifying you that they

want to relocate the office to another part of the country and giving you notice of being at risk of redundancy and starting a consultation process with you and you colleagues affected.

A few questions:

1. How far away are the proposed new offices?
2. Do you have a mobility clause in your contract?
3. Is the company offering a relocation or travel assistance package (depending on the answer to question 1).

[kidbi11y]

Re: Job advert before offially redundant

It sounds like they have started the process in the right way - notifying you that they

want to relocate the office to another part of the country and giving you notice of being at risk of redundancy and starting a consultation process with you and you colleagues affected.

A few questions:

1. How far away are the proposed new offices?
2. Do you have a mobility clause in your contract?
3. Is the company offering a relocation or travel assistance package (depending on the answer to question 1).

Hi [MENTION=51026]Ula[/MENTION] thanks for your reply.

Discussions don't start until 31st of January.

The proposed move is 300 miles away.
I'm sorry but I don't know what a mobility clause is.

They have sent us an email saying that we can apply for the job in the new location but the deadline for that is 29th of January which is 3 days before any discussions start.

We couldn't even make a decision as they wont tell us our redundancy package until discussions start.

[ULA]

Re: Job advert before offially redundant

A mobility clause would have been in your contract of employment and normal states that you are required to move location within certain limits.

In regard to the redundancy process, consultation needs to start at the earliest possible time whilst the situation is in its formative stage and continue in particular regard to the individual's selection for redundancy and whether there are alternatives to redundancy, and confirm when the final decision to close the office has been made. Details of redundancy payment should also be notified during this consultation process.

Due to the numbers involved there is no requirement for a collective process so it should be carried out on an individual basis.

If the company is giving you the option to apply for vacancies at the new office location then they should do they against an understanding of any redundancy package that may be on offer. Although with a relocation of 300 miles are you likely to apply?

Also on the redundancy I presume that the company is unlikely to offer enhancements to the statutory payment which are based on length of service and for 2 years or more you’ll get:

• half a week’s pay for each full year you were under 22
• one week’s pay for each full year you were 22 or older, but under 41
• one and half week’s pay for each full year you were 41 or older

Length of service is capped at 20 years. Currently weekly pay is capped at £489 and the maximum statutory redundancy pay you can get is £14,670. Redundancy payments under £30k are bot subject to tax or NI deductions.

The company would also have to pay you any accrued but untaken holiday pay and if they do not require you to work your notice then this should also be paid.