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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Due to recent restructuring of the company I work

Customer Question

Hello,
Due to recent restructuring of the company I work for, I have been advised that my role is at risk of redundancy.
I had the first consultation meeting with the HR team today during which they explained why this redundancy was taking place and the severance package. The consultation period will end on the 12/04/2016.
I explained to them that I want to move swiftly and bring this matter to closure ASAP. This situation has been very stressful negatively affecting my health hence the decision that it is in my best interest to relinquish my statutory right and bring the end of consultation forward.
They have come back and explained that though this is not standard policy, I can if decided, relinquish my statutory right to this consultation period. However, this would mean a loss of approximately 3 weeks pay i.e. the consultation period.
I am adamant I don't want to work with the company any more will be willing to forego this 3 weeks pay.
So apart from the pay, are there any other issues I should be concerned about?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
How long have you worked there?
Customer: replied 1 year ago.
14 years
Customer: replied 1 year ago.
Hello are you there?
Expert:  Remus2004 replied 1 year ago.
yes, no need to follow up, your question is being dealt with
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Have you discussed the notice period issues, for example are you expected to work through your notice period?
Customer: replied 1 year ago.
They have agreed to pay me in lieu of notice
Customer: replied 1 year ago.
Hello is there someone?
Expert:  Ben Jones replied 1 year ago.
Yes I am here but need to prepare my response
Customer: replied 1 year ago.
Ok.
Expert:  Ben Jones replied 1 year ago.
There should be nothing else for you to be concerned about as long as you know that you are getting paid what you are due, which should include:· Your notice pay (which is being paid in lieu of notice)· Your accrued holidays· Your redundancy pay This is all you would be entitled to in the event of redundancy an if you are ending your employment in the way you are. There is nothing untoward really it is just bringing a potential termination date forward. What you may wish to ask for on top of all that I a reference so that you know where you stand in that respect but the employer is not obliged to provide that, but you have nothing to lose by asking. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Ok. So in this case, the termination date can be set to tomorrow if all agree. Is this correct. And secondly what should I expect as the next steps once the termination date has been agreed tomorrow.
Expert:  Ben Jones replied 1 year ago.
Yes that is correct. If termination date is tomorrow, you may or may not be asked to go into work but really they should pay you what you are due as soon as possible and no later than the net pay run. They should also forward P45
Customer: replied 1 year ago.
Can I ask them to give me a letter with a termination date of 31/03/2016. In which case, I have worked the full month thus don't lose any further pay this month. It also gives me an opportunity to tidy up and properly hand over any company assets.
Expert:  Ben Jones replied 1 year ago.
You can but they do not have to do that - you cannot expect to be paid for time where you have not been willing to work (except the payment in lieu of notice). So if you want to be paid up until the end of the month you must be willing to work during that time, otherwise they do not have to pay you for it, although they can do if they wanted to. Hope this clarifies?
Customer: replied 1 year ago.
Yes it does. Much appreciated.
Customer: replied 1 year ago.
Here is a brief email I plan on sending them tomorrow.
Customer: replied 1 year ago.
Does it fit the purpose of what we just discussed above?
Customer: replied 1 year ago.
Hello,This situation has been very stressful negatively affecting my health.I have therefore decided that it is in my best interest to relinquish my statutory right and bring the end of consultation forward to 31/03/2016.I don't think we need to have another consultation meeting.In the meantime, I will use the next few days to continue performing my duties as required and make arrangements to hand over any company assets as required.Please let me know the next steps.
Expert:  Ben Jones replied 1 year ago.
Please leave your rating for the advice so far before I can go on to consider additional information like a letter, thank you
Customer: replied 1 year ago.
It appears that you leave the rating after the meeting is done. If do so right now, won't that close the chat?
Customer: replied 1 year ago.
I have no problem leaving the rating. That's fine with me.
Expert:  Ben Jones replied 1 year ago.
The chat will not close, i will continue helping, thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Done
Expert:  Ben Jones replied 1 year ago.
Thank you. The letter is fine, with just these amendments: Hello,This situation has been very stressful negatively affecting my health. I have therefore decided that it is in my best interest to relinquish my statutory right to a consultation and bring the end of the consultation period forward to 31/03/2016, when my employment will terminate. I do not foresee the need for another consultation meeting. As agreed you will still pay me for the notice period in lieu and I will also get my redundancy pay and wages an holidays up to the termination dateIn the meantime, I will use the next few days to continue performing my duties as required and make arrangements to hand over any company assets as required. Please let me know the next steps.
Customer: replied 1 year ago.
Thanks Ben. Much appreciated.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best