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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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Ia m being made redundant on the15th Oct but have to attend

Resolved Question:

Ia m being made redundant on the15th Oct but have to attend a diciplinary on the 13th of Oct. THe worst case outcome is dissmisal with notice. I work for the NHS. Will I still receive my redundancy?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you being disciplined for an allegation of gross misconducf?

Customer:

they say it could be

Customer:

they sayi t could be considered be con

taratill :

Ok thanks, can you tell me what the allegation is please?

Customer:

They say it could be considered as gross misconduct or possibly just misconduct.The alarm went off on the Unit anr as we were reduced to 2 staff with 2 patients on 1 to 1 observations i did not feel it safe to respond.

taratill :

Respond in what way?

taratill :

Unless you are found guilty of an act of Gross Misconduct which could result in summary dismissal you will still be entitled to redundancy pay.

taratill :

If they try to allege it is gross misconduct to avoid paying redundancy pay this would be unlawful and you could bring a claim of unfair dismissal in the employment tribunal to recover your lost redundancy pay.

taratill :

In other words if this is not something they would normally dismiss you for they cannot now do it to attempt to avoid paying you.

taratill :

If you have any further question about this please do ask.

Customer:

Iam also due to retire early on the same date as my redundancy,with mental health officer status i am 55 will i have to wait until normal retirement age or can i backdate my application if i am dismissed.

taratill :

That will depend on the rule of the scheme you are in. You will need to contact the scheme administrators for clarification of that point.

taratill :

If there is anything further you would like to know about this please let me know. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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