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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50197
Experience:  Qualified Employment Solicitor
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Hi up until last November I managed the office of the CEO in

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Hi up until last November I managed the office of the CEO in a large plc. The incumbent CEO resigned and a new one came in. Within two weeks he said it wasn't working out and wanted me to leave the office. No performance issues. I agreed to a secondment in a project team which is now coming to an end. I have applied for four other suitable roles in the group and all were rejected. One role which is virtually identical to the role I am doing now I was told someone else would get it even before any interview process commenced. I have this in writing. With no jobs on offer and the project coming to an end I can see no other option other than being proactive re redundancy. I am also now being asked to relocate from Richmond to Hook an extra 50 miles each way per day. How do I protect my rights and get a fair redundancy package. I have six months notice period and have been at the company 13 years. Marc

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Does your contract allow for an enhanced redundancy?
Customer: Hi I have a six month notice period in the contract which will be honoured
Ben Jones :

What about the redundancy entitlement?

Customer: Same I am entitled to six months redundancy in the contract equivalent to my notice period
Ben Jones :

Does your contract say you can be asked to change workplace?

Customer: It says I am required to work at such place or places of business of the company from time to time and that such journeys will be reimbursed. It also says employers entitled to alter place of work. I have an email from a senior member of the HR Team that if moving to Hook is not acceptable to me after consultation we would then enter a redundancy discussion.
Ben Jones :

ok so the employer accepts that redundancy is likely to follow and you also have a defined redundancy entitlement in your contract which you would get if you were to be made redundant - are you worried you may not get this entitlement?

Customer: No, just want to know what my rights are really.
Ben Jones :

ok well when you enter a redundancy procedure, the employer will have a duty to consult with you and try to offer you any suitable alternative employment that may exist. If none is available, they may proceed with making you redundant. If that happens then you will be entitled to the following:

1. Your contractual notice pay
2. Any accrued holidays to that date
3. Redundancy pay - this must be at least the statutory minimum ( or if your contract allows you to receive an enhanced redundancy payment, then it would be that one

Customer: Given the notice period extends up to the end of the year effectively. I presume all terms and conditions remain in force and if so can I push to be remunerated as well for my bonus entitlement?
Ben Jones :

that depends if the contract allows the employer to terminate your employment by paying you in lieu of notice - if it does, they can technically terminate your employment immediately and pay you for the notice equivalent, then you may miss out on the bonus, but if you remain employed and it takes you to the time when the bonus is payable, then assuming you satisfy the eligibility criteria it should be paid to you

Customer: It does say that
Ben Jones :

in that case they could legally terminate your employment as soon as the redundancy process is finished and not require you to work through your notice period. If the bonus is payable at a later date and you need to be in employment when you receive it then you may miss out unfortunately

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: So to clarify in my contract I have a Clause that states I am entitled to receive six months notice period and the company reserves the right to make me work that notice period.
Ben Jones :

does it say your employment can be terminated by paying you in lieu of notice?

Customer: I have been involved in many redundancy actions in Serco and in that respect we have always paid people their full notice period as redundancy and agreed an appropriate exit date. So given I have six months I presume I can push for six month's redundancy pay plus holiday entitlement plus pension contribution . It does say they can terminate by paying me in lieu of notice.
Ben Jones :

ok so they can terminate it at any point once the redundancy is confirmed but if that happens you will be entitled to the full notice period, the full redundancy entitlement but will not be entitled to any holidays for the notice period or the pensions contributions - it is possible to negotiate these with the employer but by law they are not obliged to pay them

Ben Jones :

had there been no payment in lieu of notice clause they would have had to pay them as they would have been terminating your employment in breach of contract

Ben Jones :

but with such a clause, they can terminate your employment immediately by paying you the notice equivalent and they are not liable to pay you any benefit or holidays for the notice period - only your normal pay that would cover it

Customer: Ok that's understood.
Customer: thank you
Ben Jones :

You are welcome

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