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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been out on 30 days consultation and been supplied

Resolved Question:

Hello - I have been out on 30 days consultation and been supplied with a breakdown of my redundancy payment. What rights do I have and what questions should I be asking?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. There is a lot to cover in a redundancy situation can you please be a bit more specific about what exactly would you like to know about your position?
Customer: replied 1 year ago.

My last day is 9 months though the year - am I entitled toa bonus even if it is pro-rated?

Am I entitled to 2 days off per week to look for further employment?

There are three senior roles which I can apply for internally yet I know somebody else on consultation has been offered one of the roles without a selection process whilst I am on consultation - is this ok?

I have been told that I can apply for one of the roles but I won't be succesful - is that ok?

They want me to sign a document - I believe I can get this reviewed by a solicitor at the expense of the company - is this true?

Expert:  Ben Jones replied 1 year ago.
What is the bonus based on? Have you checked your contract to see what it says about entitlement to it if you leave partway through the year?
Customer: replied 1 year ago.

OK I will do. How about the other points?

Expert:  Ben Jones replied 1 year ago.
Hello, as mentioned with the bonus you would need to check your contract and entitlement criteria to see what it is based on. Some bonus policies may remove your eligibility to payment if you leave partway through the year, so it is important to check the policy wording carefully as it is what determines your rights in this matter.
Time off to look for work – this only applies once you have been issued with formal notice of redundancy. If you are still in the consultation process and have not been issued with your formal notice of redundancy, confirming your termination date, then this right does not apply. If the right did apply then it is not set at 2 days a week – you are entitled to take ‘reasonable’ time off during working hours and that would vary on a case by case basis, depending on the effects your absence would have on the business, your notice period, etc.
Alternative employment - the employer should offer you the chance to apply for suitable alternative employment, however that does not guarantee you the job in question. You could even be going head to head against employees who are not at risk of redundancy. Others could have been given the opportunity to get the job without a selection process because the employer believes they are most suitable. There is no requirement for everyone that could be considered for the job to be taken through an identical selection process. However, if a suitable opportunity does exist for you then you should be given the chance to apply for it, even though there is of course no guarantee you would be successful.
Finally, the document they want you to sign. I presume that is a settlement agreement where they agree to pay you off and in return you leave the company. If that is the case then it is common for employers to contribute towards the costs of legal advice required for you before it becomes binding. Usually they would pay £250-300 towards the costs, which in normal circumstances is enough to cover the fees, but they do not have to pay that so it is at their discretion really.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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