Shift Allowance, Statement of Payment and Notice Expectations

Evening - I have several questions

500 of us are being made redundant. Approx 20 of us receive a 30% shift allowance and have been told it will not be included in our offered package. This feels as if it is affecting us unfairly. We have always been paid the shift allowance as part of our salary and we work a 4 on 4 off rota with days/nights. Are we able to request that a "weeks wage" is actually what we earn in a week based on the averaging out of the previous 12 weeks? The company is offering 3 weeks per year served to to everyone.

Can we request the statement that shows how our redundancy has been calculated early? We aren't convinced that the payments will be correct. Since we were TUPE'd to this company there hasn't been a single pay-run without someone receiving the incorrect amount.

And finally - when can we expect the company to tell us if we will be expected to work our notice or not. It makes it a little awkward to find a new job when you are unable to tell your prospective employer when you might be available. I know they can't give notice before the 90 days consultation is up - so knowing if we are going to get PILON or be expected to work X amount of weeks based on time served is fairly important.

many thanks,

You can certainly request that the shift allowance is included but I wouldn't hold my breath. You are confusing two different things. Redundancy pay is calculated on the basic wage. If the basic wage varies from week to week because of shift working, that is when the 12 weeks average operates.

Again, you can ask to see how your payments will be worked out, but the employer doesn't have to provide this yet.

As for when you can expect to know whether you have to work your notice - that is up to the company. However, if you are required to work your notice this does not mean that you can't get another job. As soon as your redundancy notice is formally served (but NOT before) you may serve the employer counter-notice to leave within the notice period if you obtain another job and need to start that job. You will not loose your redudnancy payment if you do this but you will loose some of your notice pay because you will only be paid notice up to the last day you work.

Thanks for the reply. I think where I'm getting confused is that yes on a weekly basis our pay does differ because we work four on four off so some weeks it is three days and some four. Just not sure why when they choose to calculate the average they are taking the shift allowance off. I'm going to guess its because they can

We have definitely suffered a disadvantage compared to other teams. Having no access to hr or management during our hours of work. Other people got 1 to 1s - we came in to letters on our desk. Even the company they are retaining to help with employment advice will not be accessible during the hours we work- for one thing I'll be needing to get some sleep after my night shift not goin to 11am work shops!

Oops starting to sound a little bitter there sorry.

Still good news about the notice. Many thanks.

Hi - a few more questions. I'll be popping a nice donation this site's way - it's much appreciated.

We have been told that the sales staff who receive basic pay and commission will now have their commission over the last year averaged out and added to their basic pay for the purposes of calculating their weeks pay for redundancy purposes.

Does this strengthen our argument to receive our shift allowance at all - given that we are still being told that all calculations are made on basic pay only but this is clearly not being applied uniformly.

Our counterparts in the company that bought us do have their shift allowance included in any redundancy calculations - we are told this is not relevant since they do not plan to make them redundant.

Is it worth raising a collective grievance over this? Can a consultation period close whilst a grievance is ongoing?

Hang on just a minute now. You may have said something this time that you didn't mention before. Why are your counterparts not part of the redundancy process - are they only making TUPE'd staff redundant, and if so why?

But whilst the sales staff position strengthens the argument with the employer - it doesn't make a jot of difference in law. They can treat different groups differently. And yes, a consultation period can close whilst a grievance is ongoing. But you should raise one anyway.

Across the whole redundancy there certainly are non TUPE'd staff being made redundant. However in our specific area it is the TUPE'd staff going. Essentially they had two teams with similar functions and they chose the TUPE'd bunch to go (I believe this is geographical rather than just because we came from another company - we are based in the South and the other team are in North where they seem to want to consolidate some of their people).

Originally they tried to give TUPE'd staff a much worse package (approx 50% worse) but then agreed to offer the same terms across the company regardless of our original company after this proved wildly unpopular at the initial consultation meetings, that, along with amending terms for the Sales team gives me hope that they are amenable to further change.

May I also ask the best way to initiate a collective grievance. The enhanced redundancy terms are being presented with a waiver - I assume that if we signed this we would lose our right to press for altered terms. Do we draw up a letter stating our objections and sign it together? Googling brings up many different answers but this seems the simplest.

OK - I suppose that the geographical part makes some difference - although if you were willing to relcate for the jobs, then it would be rather dodgy. If you sign the waiver then yes, you cannot contest the terms as you are agreeing to them. But do remember that enhanced terms can be withdrawn again too. A collective grievance would be better - the employer does not have to accept a collective one, but their alternative is to hear 500 individual ones!

I've just found our jobs are now being re-advertised internally within the company but relocated to the North and on much lower salaries. I'm a little confused as to why we can be made redundant yet the need for the role still exists, just elsewhere geographically and on lower pay. The collective grievance will be for the 20 of us who receive shift allowance. I will talk to my colleagues. If enhanced terms were removed, could it be just from us as a group? Some of my colleagues are concerned that raising a grievance could lead to the removal of the enhanced terms as a form of "punishment" whilst the other 480 people retain theirs.

Again - many thanks.

I have to admit that it may be a risk, because you are rejecting the terms offered, but I think it is a small risk. Can I ask - if all things remained equal, or even if the salary was lower, would anyone actually want to relocate to remain in employment rather than be made redundant? Because if so there is potentially a claim of unfair dismissal for you here if you have not been offered this chance. It isn't clear cut, but I rather think it would be possible - but you would need legal advice on such a claim, as I can't know all the details. It might be worth all of you stumping up a bit to get some legal advice - it wouldn't cost much if you all clubbed in. And it might be worth it.