Confused by redundancy extension and my rights

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    Rich P Rich P is offline Junior Member
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    Question Confused by redundancy extension and my rights



    OK, so the long-winded background to my situation is as follows. I am a buyer and I was TUPE'd across to my current employer "PP" last July (2010) as my previous employer "CG" was outsourcing most of their procurement and buying function to company "PP". I therefore moved to "PP" and benefited from the same package (salary, holiday days, notice period etc.) that I had at company "CG".

    Back in March (2011), company "CG" announced they were terminating their agreement with "PP" and gave "PP" their 3 months notice, meaning that the deal would end on 3rd June. Further to that, "PP" unfortunately also lost another couple of major clients in the same period of March/April this Spring. As a result "PP", who are only a small consultancy of about 30 staff have had to make 9 people redundant, of whom 1 took gardening leave after about 3 weeks and has since found another job elsewhere. A second person was offered a new full-time role that was a combination of 2 previous roles, and a third person was offered a 20 hour week part-time role that was newly created in marketing. I was given my 3 months notice period, which means I am officially being made redundant as of the 24th June 2011, and entitled to statutory redundancy pay thanks to the continuous service rule (part of TUPE employment law) which includes my service at "CG" as well as "PP".

    "PP" have also created a new role of Commercial Manager, which I applied for along with other internal and external candidates. Our CEO told us that nobody had been succesful, but that he wanted me to stay in the organisation if he could afford me, albeit that this would be being involved in sales (which is an awful fit for me, given that I am a buyer and detest selling and salespeople!) since new business development was critical to "PP" to keep them afloat and avoid further redundancies. So basically he was trialling me in this new role, but not giving me a contract for it, nor paying me the higher salary and improved benefits I would have got with it!

    The real tricky bit now then is that the CEO basically wants to keep me on in this sales-like role as long as he can afford me, but this gives me no definition of how long I will have a job and salary for, and also leaves a great deal of ambiguity over my statutory redundancy payment (which I'm hoping is a legal requirement regardless of when they now make me redundant). I'm also trying to focus on this new and difficult role while I should probably be focusing far more on finding a new job in a more secure company!

    My key question from all of this though is, if I am still employed and salaried past the original redundancy date of 24th June, does that mean they can make me redundant with 1 day's notice, or does it actually mean the redundancy is rescinded for now and my 3 months' notice period re-applies. I fear it's probably the former, as my understanding is that "PP" would have to issue me a new contract or at least give me a formal letter in writing to state the redundancy was rescinded for me to stand any chance of getting the 3 months' notice back.

    Any thoughts, feedback, advice and legal (employment rights) facts would be very greatly appreciated on this topic

    Thank you.

    Richard

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    SarEl SarEl is offline Expert Advisor
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    Good god - that was a lot of information - I only needed the last bit! If you go past the redundancy date and if they continue to employ you without making a specific extension to the termination then they must serve notice again. What most employers would do is to give you a new date (you will have a temporary job until XX date and on that day you will be redundant - they can do this because the contract already conatains the notice). In law if you are served notice and the employment goes beyond that without anything stated to the contrary, then the notice has "run out" and you are back on payroll.

    You are not entitled to be paid redundancy pay until you are redundant - if you continue working for them past the redundancy date you will not be redundant and you can't have it!


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    Rich P Rich P is offline Junior Member
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    Thank you so much for the clarification - really appreciated :-)


 
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