I am being made redundant by a council. I have worked for them for 3 years. For more than 2 years of this time I have covered for the manager's post whilst they were on maternity leave and been paid on the higher salary and another person has worked in a temporary contract in my substantive post. I was issued with my redundancy notice on 24 January 2012, whilst still covering on the higher grade. My notice period ends on 20 February 2012 (although I am not actually being expected to work my notice period). I have previously been provided with my redundancy figures which have been calculated on the higher graded post, these were provided to me before my notice period began on 24 January 2012. Today I have received a letter stating that from the 1 February 2012 I am being returned to my substantive post which is about £8,000 a year less. The person I am covering for is still on maternity leave - although they have been made redundant too. The person covering my substantive post left on 31 January 2012.
Question - Will my redundancy figures be based on the higher grade (as per the figures given to me in December 2011 - as my notice was given to me whilst still in the higher graded post - I assume you are compensated for the post you lose at the time? (I have been told that my pension will be frozen on the higher grade as this is based on the best salary received for the last 3 years).
Question - Given that the other person is still on maternity leave - can they return me to my substantive grade? As this will reduce my last month's pay.
Many thanks Ruth
Redundancy and return to substantive post
- 03-02-12, 12:33 PM #1Ruth 123
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Redundancy and return to substantive post
- 03-02-12, 12:49 PM #2Jarndyce
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Weekly pay for statutory redundancy purposes is based on the average of your last 12 weeks' actual pay, capped at £430. However your council's redundancy terms may be better than the statutory minimum terms, so you will need to check with your HR dept.
Similarly, unless there are any policies, agreements or procedures in place which are specific to your contract or to your council and say anything to the contrary, there is nothing to stop the employer returning you to your substantive grade at any time.
(Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).
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