Hi there

I'm new to this forum but found some of the threads very useful however, I hope one of the helpful HR consultants in this forum can shed some light or advice on my case, here are the facts and queries :

FACTS/time line :

• Limited company with small number of staff (under 20)
• Employed full time for over 16 months continously up until today (under 2 years so no statutory redundancy pay or even enhance redundancy pay unfortunately
• 3 months notice period in my contract
• Initial meeting with my boss early Oct 2008 about my job being at risk and looking at possible options available within the company. Also been told that the entire internal department will be outsourced (currnetly there's only 2 of us, myself and my assistant) and both of us will be finishing up by Christmas.
• First letter issued towards the end of Oct 2008 outlining that my position is at risk and to explore different/alternative options and be formally consulted the day after.
• Second letter issued the day right after the invitation to be formally consulted (2 days after 1st letter issued) outlining further details of my redundancy where my 3 months notice period is backe dated to the beginning of the month of Oct 2008 when I first had the initial meeting (verbal) but only had to work up to Christmas with the rest of the notice period (about 2-3 weeks) paid out tax free along with my holiday pay tax free if I enter into a compromise agreement. Also stating yet again the entire department will be outsourced as the reason of my redundancy and I should inform my assistant about it next week, ie. leaving the same time as myself by Christmas where the outsourcer will take over the function/our duties in the new year (Jan 2009).
• Since then, I tried to negotiate an earlier leaving date prior to Christmas so I can get a larger portion of my notice paid out tax free but on the condition that the hand over with the outsourced company was completed adequately. This was completed by the end of November 2008 but the employer/my boss via legal changed their minds and wanted me to work my notice period all the way thru which I was unhappy about.
• After a few weeks of working out my notice period, I finally received my detailed redundancy terms yesterday, ie. detailed payment terms, dates, etc.. where they have agreed to pay me as per normal until the end of the week and dont have to return to work in the new year but will be paid up to the end of the year tax free from next week BUT my holiday pay will be TAXED as per normal and only be paid out in the new year. Furthermore, there will not be any compromise agremeent issued since I do not have shares in the company. Also found out that my assistant will be staying on as per normal thru to the new year and up to Feb 2009 at the very least! Was also told to hand over my keys, passwords, laptop, phone, other benefits will cease when I leave this week!
• Further info, my redudancy pay with the tax free portion outlined above and holiday pay will not be over the £30k threshold. My boss also insist that I accepted my notice period to start at the beginning of Oct08 when I was first informed about my redundancy which I clearly did not ! However, I do not want to rock the boat and wish to maintain good working relationships with my boss as a verbal reference to future job applications which he has agreed to provide and have received a written reference as well which is nice but a verbal reference is required by most recruitment agencies these days so I do not wish to upset him in anyway but wish to be treated fairly at the same time.

QUERIES on the above
(1) Notice period and consultation process
In my view I've not been consulted properly based on the facts above and it's not right for the employer to back date my notice period when I was initially informed verbally (early Oct08) about my redundancy. So when did the consultation conclude ? was it when the 2nd letter was issued at the end of Oct08 which briefly outlined that I was to be made redundant with rough time lines or yesterday with the full/final details of my final pay ? or is it still ongoing as I'm not satisfied with it especially with their selection criteria (see (2) below), notice period given, ie. back dating the notice period before being properly consulted to reach an agreement or going back on the original terms where my holiday pay will be paid out tax free via a compromise agreement ? FYI, my holiday pay is a very significant portion (over a months pay) as I've not taken any for the entire year !

(2) Selection criteria
I'm I being singled out and treated unfairly when my assistant is now staying on with the company and the employer going back on their original plan/reason for my redundancy/dismissal ? can they make my position redundant due to a cost saving exercise (my salary is higher) and not LIFO basis as I was working with the company prior to my assistant joining since I hired her earlier on this year. I also have more qualification and experience than her and can perform her duties as well. I also offered to work part time but this was rejected just to ride thru the storm especially over Christmas up till the end of Jan 2009 but was turned down.

(3) Redundancy pay and compromise agreement
Can they not issue a compromise agreement as outlined in the 2nd letter but still pay the final week tax free (PILON) but my holiday pay is not tax free ? Will the compromise agreement change the fact that the holiday pay can be paid out tax free ? or an ex-gratia payment ? They have been advised by their legal department that holiday pay cannot be tax free as it attracts PAYE & NI - surely my final week's pay is the same but they can treat it as a tax free payment (PILON) ? Is there any way of treating my holiday pay as tax free as mentioned above it's very significant and do not have any redundancy payment so have to rely on this to take me thru the first 1-2 months in the new year looking for a new job if there's any suitable roles available.

Shall I raise all the 3 points above with the in-house legal person/my boss after I leave this week or raise my greivance/appeal ASAP, ie. tomorrow/Friday ?

As mentioned earlier above, I have not seeked any professional legal advice on the matter (only ACAS and most require a compromise agreement) as I do not want this to be messy and I wish to maintain good relations with my boss but at the same time I do not want to be treated unfairly and the employer's taking advantage of the situation. I'm also not sure if the matter should be taken further via the employment tribunal in the new year if it's in my favour (potential 90 days payout) as it's hard enough looking for a new job in the global economy downturn and job cuts/unemployment at the all time high.

I hope I've provided enough info above for any advice provided will be greatly appreciated. Any further queries/points, please let me know as I will be watching this thread closely and hopefully come to a reasonable conclusion very soon.

Many thanks in advance!