First timer asking many questions about redundancy

Hi there,

I have a number of questions that I am researching at the moment and I stumbled over this forum. I hope it is ok if I ask these questions here..

1. When I ask my employer how redundancy payments are to be calculated do they have to disclose how they are all calculated or just mine individually.
   
2. Is there a period of time where an employer after making someone redundant is not allowed to re-employ to the same job role I have had conflicting answers elsewhere on this ranging from 3 months to 6 months to there is actually no time period.
   
3. When being offered a new position instead of redundancy does this trial period have to start after my official notice period for my current role or can it run inside that period.
   
4. What is the period that I have the right to trial another job if offerred.
   
5. If I were able to establish that two people were actually carrying out the workload of three people (ie copious amounts of overtime would be required etc) can I argue effectively that I am not redundant.

I appologise for so many questions in one post but clearly I need as much information as possible and I want to ensure I have correct information as I cannot afford an employment solicitor outside of a small consulation.

Hi there.

An expert will be along soon to give you guidance.

In the mean time it may be helpful if you could add a little more information. It's always useful if you could say a little about the size of your company, the amount of redundancies and how long you've been there.

I've been there 1 year seven months and it is a multi national company employing over 3000 people.

I am not sure of the number of redundancies but will know shortly.

Thank you.

In answer to your questions:


"When I ask my employer how redundancy payments are to be calculated do they have to disclose how they are all calculated or just mine individually"?.


Your employer is required to disclose the proposed method of calculating any redundancy payments, other than those required by statute, that the employer proposes to make.

There may be differing level of payment above statute for various reasons e.g

The pool of employees that are under notice of redundancy may have differing contracts of employment with different redundancy conditions e.g. if there are managers being made redundant, they may have enhanced redundancy payment packages. Other reasons where there may be differing terms is if employees had joined the company under a TUPE agreement continuing terms and conditions.


"Is there a period of time where an employer after making someone redundant is not allowed to re-employ to the same job role I have had conflicting answers elsewhere on this ranging from 3 months to 6 months to there is actually no time period".


There is no time period where the employer has to refrain from recruiting to fill positions in the company. There may be a genuine requirement e.g. work increases due to sales. There are areas where this may be questioned. Please have a look at previous questions where I discuss the issue of re-advertising and re-employing after a redundancy further


"When being offered a new position instead of redundancy does this trial period have to start after my official notice period for my current role or can it run inside that period".


The trial period takes place within the notice period so if you have 6 weeks notice of redundancy, after the 4 week trial period if the alternative employment is unsuitable, you will have 2 weeks left.



"What is the period that I have the right to trial another job if offered?"


You have the right to a four-week trial period in a new job, and if you need training for the new job the period can be extended by written agreement.


"If I were able to establish that two people were actually carrying out the workload of three people (i.e. copious amounts of overtime would be required etc) can I argue effectively that I am not redundant".


The redundancy consultation process should include ways of avoiding the redundancy/ reducing the number of dismissals involved and mitigating the effects of the dismissals. You should raise your concerns about this during your consultation.

Very very helpful,

I can't thank you enough.