Been asked too change over onto other work rather than take redundancy ,they’ve asked me too give it ago but if it’s not for me and I decide within 4 weeks they will still pay me redundancy .
As this job they want me too go on is more basic wage ,would my redundancy be based on this or would it still be the figure I’ve previously been given on my old contract ta
dozy:
Been asked too change over onto other work rather than take redundancy ,they’ve asked me too give it ago but if it’s not for me and I decide within 4 weeks they will still pay me redundancy .
As this job they want me too go on is more basic wage ,would my redundancy be based on this or would it still be the figure I’ve previously been given on my old contract ta
Prob be best asking them and have what you agree put in writing a signed by both party’s
This can be a pitfall - taking a lower basic just before taking redundancy.
The multiples paid out in redundancy packages are based on BASIC pay rather than overtime, so you could lose out large here.
I can only speak for what happened at RM where some drivers switched duties off C+E to rigid duties (attracting a lower basic) a year or two before taking the VR package - only to find that their redundancy offer when it came was “somewhat reduced” in amount… Switching off nights to days compounds the effect.
To get the most therefore, you stay on nights for your final five years, and keep on driving the artics - ‘worked for me’ let’s say…
If you change over and decide you don’t like it they don’t have to give you redundancy.
I would make damned sure given the company it is that you get it in writing signed for by the ESL depot manager. Without that letter signed by them do not take it that it will happen. Even with that letter you may find you have a fight on your hand should you leave and they decide not to honour the deal.
If you change over and decide you don’t like it they don’t have to give you redundancy
Unless it has changed, that is wrong. You are (or used to be) allowed a trial period to see if the new job suits but I can’t remember how long, perhaps 28 days?.
Be aware though that if the job is “similar” to the one you are doing then they may be able to dodge redundancy altogether.
I think that any redundancy pay would be based on the job you are recundant from, i.e. your current one.
My info may be out of date now though.
del949:
If you change over and decide you don’t like it they don’t have to give you redundancy
Unless it has changed, that is wrong. You are (or used to be) allowed a trial period to see if the new job suits but I can’t remember how long, perhaps 28 days?.
Be aware though that if the job is “similar” to the one you are doing then they may be able to dodge redundancy altogether.
I think that any redundancy pay would be based on the job you are recundant from, i.e. your current one.
My info may be out of date now though.
From experience changing jobs with the same employer can produce a minefield in terms of service time on which redundancy criteria is calculated both in terms of a first in last out selection policy or money owed.
In my case I went from factory worker to driver by choice not redundancy.However that then left me in a situation very soon after of my total service time with the firm not counting in terms of first in last out when I had to go during the first round of redundancies some years before actual closure.With the new job being technically counted as new start from the firm’s point of view.The result being that I was selected for redundancy instead of one of the other drivers who had less time with the company than I actually had on grounds of seniority based on job type.
Luckily,unlike the ‘seniority’/first in last out issue,my redundancy payment was based on my full service time not just the new job.However I think that was at the employer’s discretion and based on union agreements and ‘if’ the employer had chosen to base my redundancy terms just on my time in the new job I don’t think I could have won any claim for the lost time and redundancy pay.
IE in this case,without some contractual guarantees,regarding transfer of seniority and service time,acceptance of the ‘new job’ ‘might’ ‘possibly’ result in a loss of seniority and/or thereby redundancy pay calculation in case of any redundancy some time in the future.
Statutory Redundancy pay is as below
.
Employees get:
1.5 weeks’ pay for each year of employment after their 41st birthday
a week’s pay for each year of employment after their 22nd birthday
half a week’s pay for each year of employment up to their 22nd birthday
Length of service is capped at 20 years and weekly pay is capped at £464. The maximum amount of statutory redundancy pay is £13,920.
You can give your staff extra redundancy pay if you want to, or have a qualifying period of less than 2 years
Not sure what your basic pay is but if its over £464 gross per week if your firm are tight which most are, that’s all they have to give you per week.
Carryfast:
del949:
If you change over and decide you don’t like it they don’t have to give you redundancy
Unless it has changed, that is wrong. You are (or used to be) allowed a trial period to see if the new job suits but I can’t remember how long, perhaps 28 days?.
Be aware though that if the job is “similar” to the one you are doing then they may be able to dodge redundancy altogether.
I think that any redundancy pay would be based on the job you are recundant from, i.e. your current one.
My info may be out of date now though.From experience changing jobs with the same employer can produce a minefield in terms of service time on which redundancy criteria is calculated both in terms of a first in last out selection policy or money owed.
In my case I went from factory worker to driver by choice not redundancy.However that then left me in a situation very soon after of my total service time with the firm not counting in terms of first in last out when I had to go during the first round of redundancies some years before actual closure.With the new job being technically counted as new start from the firm’s point of view.The result being that I was selected for redundancy instead of one of the other drivers who had less time with the company than I actually had on grounds of seniority based on job type.
Luckily,unlike the ‘seniority’/first in last out issue,my redundancy payment was based on my full service time not just the new job.However I think that was at the employer’s discretion and based on union agreements and ‘if’ the employer had chosen to base my redundancy terms just on my time in the new job I don’t think I could have won any claim for the lost time and redundancy pay.
IE in this case,without some contractual guarantees,regarding transfer of seniority and service time,acceptance of the ‘new job’ ‘might’ ‘possibly’ result in a loss of seniority and/or thereby redundancy pay calculation in case of any redundancy some time in the future.
There is no automatic right to “First in, Last out” where redundancy is concerned. What is required is that the policy adopted by the employer be “fair”. More specifically, it cannot operate on the basis of gender, age, disability etc. It can be applied on the basis of e.g. sickness or attendance record.
del949:
If you change over and decide you don’t like it they don’t have to give you redundancy
Unless it has changed, that is wrong. You are (or used to be) allowed a trial period to see if the new job suits but I can’t remember how long, perhaps 28 days?.
Be aware though that if the job is “similar” to the one you are doing then they may be able to dodge redundancy altogether.
I think that any redundancy pay would be based on the job you are recundant from, i.e. your current one.
My info may be out of date now though.
I queried the clause saying if it is similar work you won’t get redundancy if you don’t like the job within 4 weeks ,what are they saying is similar work ,hr women said lorry driving is lorry driving ,but they will pay you your redundancy if within the 4 week trial period you don’t like it on the grounds of the extra distance involved in travelling too the jobs they are putting forward as alternatives too redundancy
Conor:
If you change over and decide you don’t like it they don’t have to give you redundancy.I would make damned sure given the company it is that you get it in writing signed for by the ESL depot manager. Without that letter signed by them do not take it that it will happen. Even with that letter you may find you have a fight on your hand should you leave and they decide not to honour the deal.
were at a stage where there putting loads of alternatives forward ( jobs ) as alternatives too redundancy ,most involve taking pay cuts ( be that lower hourly rate ,less guaranteed hours ,loss of bonus etc ) or excessive traveling so I’ve chucked them out ,there some left but there going away too check out what pay is etc ,hours and then come back too me .
If I did decide too proceed with any of the jobs I’d get it down in writing ,but too be honest Connor Im more convinced than ever too take take the redundancy and run.
Thanks
dozy:
Been asked too change over onto other work rather than take redundancy ,they’ve asked me too give it ago but if it’s not for me and I decide within 4 weeks they will still pay me redundancy .
As this job they want me too go on is more basic wage ,would my redundancy be based on this or would it still be the figure I’ve previously been given on my old contract ta
Seek REAL professional assistance from someone who really knows the story, not from the Truck Net RDC lawyers.
raymundo:
dozy:
Been asked too change over onto other work rather than take redundancy ,they’ve asked me too give it ago but if it’s not for me and I decide within 4 weeks they will still pay me redundancy .
As this job they want me too go on is more basic wage ,would my redundancy be based on this or would it still be the figure I’ve previously been given on my old contract taSeek REAL professional assistance from someone who really knows the story, not from the Truck Net RDC lawyers.
Lawyers, being an “industry” outside of Transport - won’t know the real score either.
The main difference will be paying for their advice that, in the end, is no better than you’d get on here absolutely free.
Winseer:
raymundo:
dozy:
Been asked too change over onto other work rather than take redundancy ,they’ve asked me too give it ago but if it’s not for me and I decide within 4 weeks they will still pay me redundancy .
As this job they want me too go on is more basic wage ,would my redundancy be based on this or would it still be the figure I’ve previously been given on my old contract taSeek REAL professional assistance from someone who really knows the story, not from the Truck Net RDC lawyers.
Lawyers, being an “industry” outside of Transport - won’t know the real score either.
The main difference will be paying for their advice that, in the end, is no better than you’d get on here absolutely free.
Yes but this isn’t about transport it’s about employment contracts.
The firm he works for aren’t renowned for doing what’s in the staffs best interest vs. what’s best for the companies interest.
The fact Dozy has enough suspicion to even ask here in the first place is reason enough to avoid their offer.
Wot m1cks said - There is nothing here specific to “the transport industry”. What is needed is advice from a specialist in employment law.
Thanks all for the advice ,i said I would consider there proposals but they’ve now been informed I’m not prepared too in anyway but my redundancy money at risk by p45 myself or sign new contract etc , I will consider proposals they put forward but unless it’s on my existing contract ,t@c, then I’ll take my redundancy .
( scrubbed ports anyway as I’d be tramping all week for less money than I get now for being home every night )
Last month you said they might be upping your wage to £11.50 and canning the meal allowance.
I take it they’re now just canning the meal allowance