Right, I suspect I'm for the chop in January and didn't want to leave anything on the table.
What actions should I take now rather than wait for redundancy?
I'm talking less about "hit the gym/LinkedIn" and more to get the most from the company while I'm still engaged.
So for example, I plan to call on the employee assistance services to work on some counselling that I suspect could help me (in case that service extends indefinitely while the case is open).
JohnSmith @feddit.uk - 12hr
Sorry to hear that, not a nice place to be suspecting a chop after Christmas.
Nighed already mentioned reading through your contract, which is very important. You should also learn about your statutory rights in case of redundancy. In the UK after two years of employment your rights increase. Your statutory redundancy pay is also dependent on the length of service. As I’m not an employment lawyer I will not write specifics here is case I get some of it wrong. You better find out yourself.
Beyond the legal minimum, some companies offer enhancements on top to “soften the blow”. There might be enhanced redundancy pay on the table, support in finding a new job, training etc.
The company cannot just announce redundancies. They are required by law to consult about the redundancies, seeking measures to avoid them or mitigate their impact. If they do not consult in good faith with the affected people they are breaching the law leaving them open to compensation claims.
Each individual in scope should expect to have at least two consultation meetings. First meeting is to explain rationale why the individual role is at risk and offer the individual an opportunity to ask questions and make proposals to avoid the redundancy. Nighed mentioned “support clown” which I think refers to a support person one can take to redundancy consultation meetings. Second and any subsequent individual consultation meetings are to answer questions and proposals, and to make new ones if something new comes up.
A way to be awkward, should one wish to be, would be to have several questions and proposals to avoid redundancy in back pocket and drip-feed them over several individual consultation meetings to prolong the process and make it uncomfortable for the people managing the process as possible. All consultation meetings must be minuted in writing, by the way.
A redundancy becomes effective only once the individual consultation has concluded, and all questions have been answered and proposals considered. This is the point from which the notice period in the employment contract starts ticking.
Some things might be negotiable during the consultation. Examples would be whether one needs to work their notice period or can people get paid in lieu of the notice period. The points to try and negotiate about should be about avoiding the redundancies or mitigating their impact.
You might want to think what to ask and what to propose should it come to a redundancy consultation. For example, you might want to propose that they must pay for extra training and job seeking support. They must consider all questions and proposals and provide meaningful and reasoned answers.
But importantly, I’m not an expert, just somebody who’s been through that shitshow a few times.
Thanks so much for taking the time to cover that as I had no idea that I could in some way stall things and that could be quite helpful as I anticipate the enhanced redundancy will be something close to £100k so it would really benefit me to delay payout into next FY (even factoring in the tax free portion).
I'll have to get some awkward questions ready to drip feed! Thanks again
On a practical note, read through your contract and understand your notice period and the rules around it. Do they require you to work notice, can they pay you off to not work it (check what they say about benefits in that situation). What does it say about unused holiday etc.
Do they offer training/certifications? Book/expense certification exams now, then you can learn the content between jobs/during notice.
5
NotJohnSmith @feddit.uk - 1hr
Haha, to be fair there's no hard feelings - I've had a great run and they've been a good employer.
Will do, I know I have one printed out somewhere and I recall a clause (something like 1 months notice if I quit but 2 months if they pull the trigger) that a colleague said was abnormal. To the extent that they may try paying off against something different.
1
wingsfortheirsmiles - 10hr
I'm sorry to hear about your situation.
Separate to contractual or redundancy factors, please update your CV now whilst your efforts and achievements are fresh in your mind. Yes, this could be seen as part of the LinkedIn thing but is also worth thinking about well before you've left.
Heck, if you have a manager or colleagues you respect, even get them to read it over; you'd be surprised how much little credit you can give yourself. Of course as part of this, ask about references too.
4
NotJohnSmith @feddit.uk - 1hr
Thanks so much, you're right - I'll get on it as I'd planned to do things when they happen but being inevitable it makes sense to do it sooner rather than later.
NotJohnSmith in askuk @feddit.uk
Actions to take preempting redundancy
Right, I suspect I'm for the chop in January and didn't want to leave anything on the table.
What actions should I take now rather than wait for redundancy?
I'm talking less about "hit the gym/LinkedIn" and more to get the most from the company while I'm still engaged.
So for example, I plan to call on the employee assistance services to work on some counselling that I suspect could help me (in case that service extends indefinitely while the case is open).
Sorry to hear that, not a nice place to be suspecting a chop after Christmas.
Nighed already mentioned reading through your contract, which is very important. You should also learn about your statutory rights in case of redundancy. In the UK after two years of employment your rights increase. Your statutory redundancy pay is also dependent on the length of service. As I’m not an employment lawyer I will not write specifics here is case I get some of it wrong. You better find out yourself.
Beyond the legal minimum, some companies offer enhancements on top to “soften the blow”. There might be enhanced redundancy pay on the table, support in finding a new job, training etc.
The company cannot just announce redundancies. They are required by law to consult about the redundancies, seeking measures to avoid them or mitigate their impact. If they do not consult in good faith with the affected people they are breaching the law leaving them open to compensation claims.
Each individual in scope should expect to have at least two consultation meetings. First meeting is to explain rationale why the individual role is at risk and offer the individual an opportunity to ask questions and make proposals to avoid the redundancy. Nighed mentioned “support clown” which I think refers to a support person one can take to redundancy consultation meetings. Second and any subsequent individual consultation meetings are to answer questions and proposals, and to make new ones if something new comes up.
A way to be awkward, should one wish to be, would be to have several questions and proposals to avoid redundancy in back pocket and drip-feed them over several individual consultation meetings to prolong the process and make it uncomfortable for the people managing the process as possible. All consultation meetings must be minuted in writing, by the way.
A redundancy becomes effective only once the individual consultation has concluded, and all questions have been answered and proposals considered. This is the point from which the notice period in the employment contract starts ticking.
Some things might be negotiable during the consultation. Examples would be whether one needs to work their notice period or can people get paid in lieu of the notice period. The points to try and negotiate about should be about avoiding the redundancies or mitigating their impact.
You might want to think what to ask and what to propose should it come to a redundancy consultation. For example, you might want to propose that they must pay for extra training and job seeking support. They must consider all questions and proposals and provide meaningful and reasoned answers.
But importantly, I’m not an expert, just somebody who’s been through that shitshow a few times.
Good luck!
Clown reference: https://www.bbc.co.uk/news/world-asia-49708570
Nice one!
John Smith, we meet again! :)
Thanks so much for taking the time to cover that as I had no idea that I could in some way stall things and that could be quite helpful as I anticipate the enhanced redundancy will be something close to £100k so it would really benefit me to delay payout into next FY (even factoring in the tax free portion).
I'll have to get some awkward questions ready to drip feed! Thanks again
Find your emotional support clown to take to the meeting.
On a practical note, read through your contract and understand your notice period and the rules around it. Do they require you to work notice, can they pay you off to not work it (check what they say about benefits in that situation). What does it say about unused holiday etc.
Do they offer training/certifications? Book/expense certification exams now, then you can learn the content between jobs/during notice.
Haha, to be fair there's no hard feelings - I've had a great run and they've been a good employer.
Will do, I know I have one printed out somewhere and I recall a clause (something like 1 months notice if I quit but 2 months if they pull the trigger) that a colleague said was abnormal. To the extent that they may try paying off against something different.
I'm sorry to hear about your situation.
Separate to contractual or redundancy factors, please update your CV now whilst your efforts and achievements are fresh in your mind. Yes, this could be seen as part of the LinkedIn thing but is also worth thinking about well before you've left.
Heck, if you have a manager or colleagues you respect, even get them to read it over; you'd be surprised how much little credit you can give yourself. Of course as part of this, ask about references too.
Thanks so much, you're right - I'll get on it as I'd planned to do things when they happen but being inevitable it makes sense to do it sooner rather than later.