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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My company has started consultation period on

Resolved Question:

My company has started consultation period for redundancy on 3rd June. Reason for redundancy is the relocation of office to New Castle. Current location is London and there will be no roles in London after 3rd of July. They have advertised the new roles in NewCastle which I have not applied for. I am not interested in relocation and I want they make me redundant so that I get the redundancy pay. In the consultation period briefing document they have mentioned that 3rd of July will be the last day of people being made redundant and they will paid in lieu of notice period. My question is - is there any legal standing of consultation period briefing document? Can I legally challenge them if they make me do the notice period based on briefing document?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 2 years ago.

3 years and 6 months

Expert:  taratill replied 2 years ago.
Ok thanks, ***** ***** saying that they are saying that notice of redundancy starts with the consultation period? or are you saying that you will be paid in lieu of notice for a notice period starting when the work in London ceases in July?
Customer: replied 2 years ago.

In the document they have said redundant employees will be paid in lieu of notice period after 3rd of July. So the notice period starts after 3rd July when the consultation period ends. All the employees will be notified on 3rd July if they are made redundant or not.

Is that document has any legal status and can they make me work during the notice period?

Expert:  taratill replied 2 years ago.
Oh I see what you mean now. Was this put in writing to you in a letter?
Customer: replied 2 years ago.

Its there in the consultation period briefing document specify the reason and procedures which has names of CEO and HR manager at the end of the document but no signatures.

Separate letter was also given to us which states risk of redundancy which was signed by our manager.But this letter does not specify any procedures

Expert:  taratill replied 2 years ago.
Ok thanks, ***** ***** be able to argue that as the employer has stated in writing in the briefing letter that you will be paid in lieu it would be in breach of contract to change it's mind and to require you to work your notice period.
I do think it is highly unlikely they will attempt to go back on this, if it is in writing, in any event.
The consultation letter cannot set this out as arguably this would make the consultation unfair.
If you have any further questions please do ask. 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.
Expert:  taratill replied 2 years ago.
Hello is there anything further you would like to know about this as I note you have not yet rated my answer which is an important part of the process?
Customer: replied 2 years ago.

Sorry for the late reply

so you are saying that briefing document has legal standing and can be used in employment tribunal or in court?

Also is the redundancy pay negotiable?

Expert:  taratill replied 2 years ago.
You can use it as evidence, in tribunal or court, that you were told that you would be paid in lieu of notice.
Redundancy pay is not normally negotiable. It is either statutory pay or can be enhanced if your employer has a contractual enhanced scheme.
Do you have reason to suspect they are going to back down from this?
Customer: replied 2 years ago.

yes I suspect that as they will not have resources to do the work. They have already circulated the letter to have transition period of 3 months so that they can recruit new people and train them in that period in New Castle.

Expert:  taratill replied 2 years ago.
The fact that they are taking on new staff in Newcastle makes no difference to your situation.
My initial advice stands.
I think it is unlikely they will refuse to pay in lieu or claim that redundancy is not payable in the circumstances. In the event that they do you can raise a claim.
I would be grateful if you would now take the time to rate my answer as I am not otherwise credited for the time I have spent answering your question. Thank you and all the best.
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