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Notice and Redundancy

Potential-Monke

Howdy all. I'm in a bit of a predicament. Where I work, the client I work for was bought out about 6 months ago. Since then, we can see permissions being removed from us, new agent from the new company doing what we've been doing, but we can't talk with them. I even had to train up people who was blatantly going to be taking my job at some stage. We've all seen it coming for the last few months, and I asked for an update on our future a month ago. Had never heard anything back.

Since then, I have applied and been offered (and accepted) a new job starting the 9th. Typically, the same day that happened (yesterday) we were all brought in (all 4 of us) and told that it looks like we will be made redundant, but they will have a definite answer on Wednesday.

I'm here just over 2 years, and the way we have been treated in the last 6 months is, frankly, shocking. Our queries are rarely being answered anymore, and we were left hanging as to our future. They've started to remove access to certain systems, making our job even harder to do.

So, the tentative redundancy date is the 14th, which is 5 days after the start of my new role. I want my redundancy due to the way we've been treated. Is it possible to maybe get the employer (not the client) to offer me redundancy earlier? Like, if I have a chat with them, what is the likelihood that this is an outcome? I really don't want to leave them off with 5 weeks of pay if I can, it's the least they could do due to the way we were treated.

I've never been made redundant before, so this is new to me. I get the feeling my TL doesn't want us to get it, as she's constantly asking if I've got any job offers. I feel like they want us to leave before they'll offer redundancy.

Has anyone been in a similar situation? Would calling in sick for the last week work? I'm at a loss, and it could be the end of October before I get paid with the new job (monthly, end of the month, we won't get anything in the first one). So aside from thinking we deserve it, it would be highly beneficial to have it.

Any advice welcome!

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Salary Negotiator

Have you already handed in your notice? I don't think you qualify if you've already resigned.

Potential-Monke

Not yet, tomorrow is the day to hand it in. I'm thinking of handing it in but requesting redundancy instead. I could really do with it tbh, will make transitioning a lot easier. Could be 7 weeks before I get paid in the new job.

krissovo

Defer your new role by 5 days and take the redundancy if you can. It sounds like they by passing your TUPE rights somehow, normally moving the roles outside the EU but you tend to get a good package if you sign a waiver and take the redundancy.

Dial Hard

Potential-Monke wrote: »

Not yet, tomorrow is the day to hand it in. I'm thinking of handing it in but requesting redundancy instead. I could really do with it tbh, will make transitioning a lot easier. Could be 7 weeks before I get paid in the new job.

If you hand in your notice there is no way they'll pay you redundancy, you'll just have saved them whatever the amount involved is. Hold your powder and just push out your new starting date.

Potential-Monke

Thing is, I can't push out the starting date. It's a new team for a new role and it's starting the 9th. It's a great move, it's a 33% increase in salary and some really good benefits, but it's monthly and they pay the end of the month so won't get anything until the end of October. I think i'm just gonna have to chance chatting with them, see if they can do something. I'm doubtful, but I'll hold out hope.

ste

Potential-Monke wrote: »

Thing is, I can't push out the starting date. It's a new team for a new role and it's starting the 9th. It's a great move, it's a 33% increase in salary and some really good benefits, but it's monthly and they pay the end of the month so won't get anything until the end of October. I think i'm just gonna have to chance chatting with them, see if they can do something. I'm doubtful, but I'll hold out hope.

All below are suggestions provided you do not hand in notice & your current employer is none the wiser.

Can you use up remaining holidays for final 5 days? Even go into negative days?
Alternatively you could be sick those final days - not condoning this kind you.
Or to be upfront you could say you need to take unpaid leave on those final days for personal reasons.

Potential-Monke

Seems like that may be my only option, call in sick or take VTO. Another problem is we definitely won't know until next Wednesday, even though I know the outcome.

Cheers for the suggestions!

Sonny noggs

VTO? Voluntary Time Off?

Where is work it is PTO for Personal Time Off.

Who comes up with these?

Potential-Monke

You're right, VTO: Voluntary Time Off, PTO: Paid Time Off.

bee06

Try and negotiate an earlier finish date from your current employer? That’s what I did when I was made redundant and was starting a new job earlier than my finish date.

It sounds like there is no handover needed so the only reason your finish date is set is based on the required notice period?

Potential-Monke

That's what we've tried, but I think it's the first time this office has had to deal with such a request, seems like they really don't know how to handle it with the 'Merican Overlords. No handover as the client is taking support back in office. Date is only provisionally set, as they 'try to find other roles with other clients' but that's not going to happen, they've basically admitted as much or it would be like a 25% or more drop in wage, different work. Will know more early next week!

Sonny noggs

Potential-Monke wrote: »

You're right, VTO: Voluntary Time Off, PTO: Paid Time Off.

Yes, Paid makes more sense. Good luck, hope you can get your payment and start true new job in time.

Potential-Monke

So, last Wednesday we had the meeting. They extended the redundancy date out to the 21st. What a bunch of cunts. And it turns out it's going to be more than I was expecting. I was off since then.

Question, can one go sick from one job and start another? Not sure where that lies in employment law. My head is melted...

Mrs OBumble

Potential-Monke wrote: »

So, last Wednesday we had the meeting. They extended the redundancy date out to the 21st. What a bunch of cunts. And it turns out it's going to be more than I was expecting. I was off since then.

Question, can one go sick from one job and start another? Not sure where that lies in employment law. My head is melted...

No. If you're certified sick, you're sick. End of.

Just take the new job and forget about the redundancy. Or don't take it and hang around for the dosh ... but risk not having a new job to go to when you need it.

Potential-Monke

I wouldn't be getting certified, just not coming in. But yeah, I reckon i'm screwed for it either way. They've some gall on them though, without getting into specifics. Also pretty sure they didn't follow the correct procedure as per Irish legislation. I hate companies...

miamee

Surely when a redundancy is announced they accept that people are looking or new jobs and may actually need to finish up a little earlier than the last working date given? Have you asked them about what would happen in that scenario? I have never been in that situation but would assume that they'd be ok with people going off for interviews and finishing up when they get a new job to go to while still being entitled to their redundancy payment. Maybe that is goodwill on the part of the employer.

Potential-Monke

Yeah, that's up to the discretion of the employer, and they're not playing ball. I'm giving one more attempt today on an official form (RP6) and i'm finishing up Friday either way, so I'm hoping that tugging on the heartstrings may help. Will let ye know!

ibarelycare

Potential-Monke wrote: »

Yeah, that's up to the discretion of the employer, and they're not playing ball. I'm giving one more attempt today on an official form (RP6) and i'm finishing up Friday either way, so I'm hoping that tugging on the heartstrings may help. Will let ye know!

It's not up to the discretion of the employer. You are legally entitled to reasonable paid time off for interviews/job searching in the last two weeks of your notice period in a redundancy situation.

Edit: I may have misunderstood, I re-read miamee's post and saw she was asking if they would let you finish up early.

[Deleted User]

Hi OP,

Just wash your hands of the current employer. 33% pay rise is a whole lot better than the €2500ish you’ll get for statutory redundancy.

Potential-Monke

Update

So yesterday, still having not handed in my notice, I submitted a RP6 requesting my finish date for tomorrow. Did not expect anything as the RP6 should only be used once you're into the 2 weeks notice (starting this Sunday). But, lo and behold, I am now getting it and finishing tomorrow. My supervisor spent 4 hours on the phone (allegedly) with her boss, her bosses boss, her American boss and American HR people, and managed to get it for me, and subsequently the other 2 who are leaving tomorrow also (who handed in their notice so they excluded themselves from being able to get it, but in the interest of fairness we are all getting it).

So good news! It's slightly reduced, and they've removed the additional bonus payment that would have been included (and extra week on top of the statutory 5 for 2 years service). A happy day in the end. Thanks for all the help and suggestions folks, and remember, RP6 is your friend!

Sonny noggs

Good luck with the new job.