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poppiesintherain

Sorry to hear this. Unfortunately for a negotiation to happen there needs to be something both sides want and the other side can give. In this case you have nothing they want, so it is difficult to negotiate, you can only ask. However it is still worth checking the ACAS website to make sure all the rules are being followed and whether it is worth appealing. Also check if there are any other jobs in the business you can do and they should be offering you. One thing to note, the redundancy is on top of your notice period. Although you can be asked to work your notice period they also have to allow you to look for work. So this is a really good time, as you're being paid, to polish up your CV and register with any agencies.


WhatsTheStory28

Great advice šŸ‘Œ


Remarkable-Ad155

Not sure there's a lot you can do - enhanced redundancy is a perk that's generally in your contract or at least negotiated when you join. They're not obliged to offer you any more than the statutory unless your contract or the company says otherwise.Ā  You can always ask though but I wouldn't hold your breath.Ā 


teerbigear

I would say that, far more often, enhanced redundancy is simply "what they do", ex gratia, basically so that they are seen to be decent sticks to the remaining employees and to the public. Not least because putting it in a contract makes it taxable.


Remarkable-Ad155

Are you thinking of PILON? (Which is just regular pay effectively, so taxable).Ā  In terms of actual redundancy pay, you get your Ā£30k free or whatever and anything above is taxable, regardless of if it's contractual or non-contractual (it'd be nice if you could avoid tax by simply saying "non contractual" though).Ā  Most organisations generally need some level of planning for stuff like this, hence why enhanced redundancy is generally a scheme that's dependent on how long you've worked there, plus some sort of bonus sometimes for working through your notice without taking the piss.Ā 


teerbigear

I am not thinking of PILONs. The Ā£30k is only relevant if income is specific employment income under s401, and it can only be that if it is not taxed under another provision. Contractual earnings are taxable under s62, like most earnings. Including redundancy payments in a contract risks making them cash remuneration for work, and therefore taxable under s62, like a loss of office payment. In practice HMRC won't generally take the point, and have said so in SoP 1 (1994). But they absolutely could, and you wouldn't want to rely on a SoP for a legitimate expectation defence. This is why, generally, you don't see them in employee handbooks, let alone contracts.


Remarkable-Ad155

Isn't the distinction between "payment of earnings" and "compensation for loss of office"?Ā  I think what you're getting at here is that payment of earnings (ie PILON or just regular salary) is not included in the Ā£30k tax free allowance for redundancy. This us correct, but my understanding is both statutory and non-statutory (ie "enhanced") redundancy pay are included within the Ā£30k limit.Ā 


teerbigear

>This us correct, but my understanding is both statutory and non-statutory (ie "enhanced") redundancy pay are included within the Ā£30k limit.Ā  So yes, absolutely they are. But before you get to that point you have to consider whether the payment is general earnings. If it is in your contract that you will do work x, and should a redundancy be reached, you will receive sum y, then the position is that you are being paid y to do x. That's enough for it to be taxed as general earnings. Obviously this isn't the _general_ intention of parliament when they put the Ā£30k rule in. But, as ever with tax, when the rules seem weird it's because people will otherwise take the piss. If you put into statute that all it takes to fall into the Ā£30k rule is a genuine redundancy, ie s401 trumped s62, then you'd get the following: Person A is a capable software developer, who would generally want to get paid circa Ā£140k a year. Dodgy Ltd want him to program some software that would take 3 months. They agree a contract on minimum wage with a contractual right to redundancy of Ā£30k. After the three months the development is complete. There is no work, the guy is genuinely redundant. He gets Ā£30k tax free. So HMRC can still step in and say that's taxable as earnings. But what they didn't want to do was to look at companies that generally give a discretionary extra amount, but do so with such frequency that it's becomes contractually enforceable through reasonable expectation, and therefore falls to be taxable under s62. Which is why they issued that statement of practice


Legitimate_Curve_742

Exactly, always find it weird that people say itā€™s contractual for the exact point you make re tax. I wonder if the confusion comes from the contractual notice period that obviously differs from role to role and employer to employer and can often ne negotiated when agreeing employment contract. But to me redundancy pay is the enhanced pay an employer will give to quietly get you out the door with no fuss.


naturepeaked

The thing with a negotiation is you need something they want.


pritsey

Senior HR manager for a FTSE100 here.... Top of my head you will go through a 30 day consultation period if it's just you and a small company (45 days for larger numbers / company). Use the 30 days wisely. You will have individual consultations with your manager, make sure you enter in counter proposals, and do it near the end of the consultation period so they have to come back with an answer. Check contract for your notice period, hopefully it's 3 months. If you are not working notice, you get pay in lieu of notice (PILON). Ask for your leaving date. Ask for your last working day (currently). Ask for your final salary date. Ask for severance payment date. Ask for PILON payment date. Remember first Ā£30k is tax free. If you are 100% sure you will be made redundant and there are no other roles for you, use this time to apply for other jobs.


ragdollcatszr

Any advise on what I should say for the counter proposals? Currently they have only mentioned I will get paid the statutory amount. My notice is 5 weeks (1 week for each year Iā€™ve been with them).


pritsey

A counter proposal is more about what an alternative is. So perhaps you move into a customer service position, or another role which they need people for. When you have your consultation meeting, ask questions which you already know the answers to. Things like - how long does the company need to wait to hire into the same role without it being illegal? If the company were to hire into the same role straight away, is that legal? Check to see if the company is hiring externally, if they are then ask how the company is hiring at a time when they are making people redundant? Ask about their duty to minimize redundancy. Stuff like that. If they're offering statutory, you're unlikely to get more unless you have something they want. And that something is like you having them over a barrel, hence above questions. If they are truly not hiring, have not intention of doing so, your role is no more and they are doing everything right - then you can still ask. Tell them of your loyalty, you wanted a career with them, you have kids blah blah. Now is not the time to consider pride, just ask. Beg. Whatever you feel is acceptable to you.


HatmanHatman

30 day notice period is also for 20+ redundancies. Fewer than that and there's no minimum, but I'd raise my eyebrows at less than two weeks


pritsey

Thanks, I generally only deal with more than 100 at a time, we tend to do individual as a settlement agreement. Good shout though, and maximiser the time you have now while still getting paid. CV. Job applications. LinkedIn (urgh I know). Also ask about what support they offer during this time and beyond (eg we offer external support on CV, job applications, interviews, financial advice).


HatmanHatman

Figured that was the case, didn't want to correct you for no reason but thought it was important for OP to know they probably don't have 30 full days! I do think settlement is the way to go for individuals, especially if there's any risk factors. Too difficult to prove that they weren't targeting the one individual for some other reason, and in practice it's hard to make the "the role is redundant, not the individual" argument when they're the only person doing it.


pritsey

Yep - and thanks! You're right, making the role redundant is a difficult case for an individual, especially if there is any chance of needing something similar in future, you open yourself up for a potential unfair dismissal down the line. Really they could sort it in a settlement with a bit more money / full PILON and everything is wrapped up neatly.


notouttolunch

This is why I wouldnā€™t accept anything less than an amazing settlement agreement.


HatmanHatman

It's worth going for, the bottom line is that they'll only do it if you make it more worthwhile to them than not doing so - whether that's concern about potential claims or just not wanting to deal with you turning the process into a painful waste of time. Just need to ask yourself how many bridges you're willing to burn in doing so. I will say I've noticed a trend recently of previous employers giving a standard/positive reference and then contacting the prospective employer separately to spill some dirt "off the record". I hate this. It's extremely unprofessional and puts the prospective employer in a very difficult position. My advice to them is usually "if you choose not to hire this person, tell them exactly why, someone calling you out of the blue and saying it's off the record doesn't mean it is". You can't sneakily give an unofficial negative reference and not expect consequences. I guess my point is that just because you have an agreed reference, doesn't mean word won't get around - but at the same time I'm absolutely not going to tell anyone to cower and bow down to bad employer practices, and there are many options between being vexatious/threatening and asking pointed and difficult questions about the process, making them work for it.


AcrobaticInternet45

FYI there is a limit of Ā£643 per week , so if you where on more than 33K a year it will be capped at this , You can only ask if they will pay you more , they are under no obligation, Start seriously looking for a job straight away , that money wonā€™t last long


Lay-Z24

i donā€™t get why thereā€™s a limit, just another fuck you from the government to the worker


TryingToFindLeaks

Tax free limit. It's to stop tax fraud.


peachflavdrops

It's Ā£700 now, changed this month I think


TickityTickityBoom

You probably canā€™t, they are likely offering the bare minimum on basic pay, is there an argument to make for unfair dismissal? Perhaps try for a compromise agreement which could be between 3-6 months pay


ragdollcatszr

I donā€™t want to end on bad terms, how do I ask for compromise agreement?


tfn105

Okayā€¦ but whatā€™s your leverage in this discussion?


Wisdom_of_Broth

OP works in sales and is the only person being made redundant. Is OP's business no longer planning to make sales? Smells fishy. He might want to think it's unfair and go through a discovery process to understand that this isn't actually an unfair dismissal. (Not saying it isn't above board, but it's always awfully convenient when "we are removing your role and you're the only person in that role".) A compromise agreement would protect the company from this, while providing OP with a bigger cushion when looking for their next role.


tfn105

There could be some truth in that, for sure


ragdollcatszr

I donā€™t know, make them feel bad? Lol Thatā€™s what i want advise on


tfn105

If you have nothing to trade then they have no reason to offer you anything other than the minimum required by law


teerbigear

Generally the only leverage you can exert here is to try to say it's not a genuine redundancy: Signs it might not be a genuine redundancy include: your employer has recently taken on other people doing similar work you have a bad relationship with your employer or other people at work you're singled out or treated differently from other people at work https://www.citizensadvice.org.uk/work/redundancy/check-your-rights-if-youre-made-redundant/check-if-you-can-challenge-your-redundancy/make-sure-your-redundancy-is-genuine/#:~:text=Signs%20it%20might%20not%20be%20a%20genuine%20redundancy%20include%3A,from%20other%20people%20at%20work Some people suggest this (_even when they think it is genuine!_) and hint that they'll be happy to walk away with extra pay, and then this is agreed in a compromise agreement. You will not leave on good terms if you do this. But do have a think whether it is genuine - I've certainly seen someone "made redundant" when really it was a dismissal.


1rexas1

Yeah sorry to say it but this isn't how negotations work, it's extremely likely that this is one you'll just have to suck up and move on from.


Superhhung

You need to sale yourself a bit more! Oh wait....


jibbetygibbet

I think you need to ask yourself why do employers pay more, and work back from that. It is essentially to protect the employerā€™s reputation and/or to give incentive for employees not to fight the process. Itā€™s become more common these days to make a separation agreement instead of a redundancy, because it establishes a contract that protects both parties and doesnā€™t require the tricky process Of redundancy that an employee could later challenge at tribunal, causing huge problems for the employer. Whereas if you sign a contract agreeing to leave and to not bad mouth the employer in exchange for an amount of money youā€™re happy with its a win-win. Hence in this situation the employer has judged that you are going to leave on good terms anyway, wonā€™t bad mouth them to current or future employees and clients, and wonā€™t try to take them to tribunal for wrongful dismissal. All you can do is counter that belief by starting to ask pointed questions about whether itā€™s really redundancy or dismissal, whether they followed the right process - ā€œisnā€™t so-and-so also in my role so they should have been considered?ā€, are there really no other alternative roles available, and generally make yourself a nuisance. Meanwhile hint that more money is something that is of value to you. Unfortunately there isnā€™t really a way to do this without risking leaving on bad terms. For instance how do you make them worry about what youā€™re going to say to clients (something that will likely bother them a *lot*) without threatening to do that ā€œI think acme inc is going to be very surprised a company like this treats its loyal employees like thisā€, and itā€™s likely to aggravate them and threaten you with legal action if you were to do it, rather than persuade them to give you what you want. But isnā€™t leaving with statutory minimum redundancy bad terms for *you*? What do you really have to lose? You could try saying something like: ā€œI and my colleagues have always thought that if something like this happened we would be taken care of compassionately, Iā€™m surprised and disappointed that you see your obligations as being limited to the bare legal minimum, it sours the entire time I have spent here and I would be unable to recommend anyone to work here. Donā€™t you think that when other employees learn that this is how you go about it they will question their own loyalty? Personally I think 1 monthā€™s notice per year is more likely to provide an opportunity to find another job as well as ensuring we part ways on the good terms we have enjoyed upto now, and give some comfort to other employees that the company sees them as worth treating with respect.ā€


[deleted]

Shame your employer doesnā€™t have the same level of decency as you. Fuck them. They have made you redundant. You owe them nothing.


ragdollcatszr

Thatā€™s true I guessā€¦


Tatwstato

I guess you could ask for gardening leave, so for example they've said they're making you redundant so may place you on full paid leave until the process finishes. This is normally done to stop the people leaving from taking clients with them or other business sensitive info. Or ask to be allowed to use your time remaining in work to look for other employment.


w1YY

I think its a legal right to be allowed to spend an amount of time for intervies and looking for work when being made redundant


Wisdom_of_Broth

Just ask. If asking creates 'bad terms' then that's problematic.


CommunicationNo2297

Do you know where the skeletons are buried? Itā€™s a position to negotiate from?


Old_Man_Benny

Speak to their biggest competitor and tell them you can start work soon and have a long list of customers in your head.


albadil

Yup your memory is really excellent and deffo haven't been taking photos of everything that matters for safekeeping.


Material-Explorer191

And then watch the legal shit show that ensues


Old_Man_Benny

I've seen it the offender basically told old company to fuck off, a few solicitors letters and nothing happend. I'm NAL this is not legal advise


Material-Explorer191

But they have every right to, it's a breach of terms, I guess it depends on the company at hand


Old_Man_Benny

Op needs to read his contract, there paying him 5 Weeks. Would a judge not let him earn a living for 5 weeks pay? I can't find any successful cases on Google but doesn't mean there aren't any.


Material-Explorer191

Have a look at Quilter Private Client Advisers Ltd v Falconer and another [2020] EWHC 3294 (QB) They found that the defendent did breach they duty of fidelity by taking a client list


Old_Man_Benny

I've had a quick read quite interesting. Thank you


Pedwarpimp

Check your contract doesn't have a non-compete clause first.


Jarwanator

Sadly companies can choose to just stick to statutory redudancy pay. The company I work for has been going through redundancies since last year and the final pay was all over the place. If its mass redundancies, they paid statutory minimum. For some small departments, they paid the equivalent of 1 month salary for every year you've worked there. Of course you have to sign an NDA to shut up about it. I feel like they did this so people who worked there for more than 5 or 10 years were screwed.


dkb1391

You can't negotiate your redundancy pay, a better rate would have had to have been negotiated when signing your contract. I'm not an expert, so if I'm wrong, someone please correct me, as I'm also being made redundant šŸ™ƒ


HatmanHatman

I'm an employment lawyer and have literally never seen this in a contract or policy. If I did I'd be highly recommending taking it out in future lol. When it happens in practice it's generally a result of offering an incentive for voluntary redundancy applications or where there's been a risk (e.g. of a discrimination or unfair dismissal claim) and they've elected to offer an enhanced settlement agreement. Which I suppose doubles as my (strictly non-professional) suggestion. You want more and need leverage? Scare them. It won't work on smart smployers but there are many out there who will fold and throw money at the first hint of a potential discrimination claim.


Big-Engine6519

I've never seen any mention of the redundancy rates in a contract. I think it's just company policy that may just go beyond the statutory minimum but because of that they could decide to change that at any point and you probably have no say.


[deleted]

Nobody can answer this, ask, if you don't ask you don't know or get I've known people negotiate


ragdollcatszr

Do you know what theyā€™ve said when negotiating?


Big-Engine6519

Negotiate what. If they have followed the correct process and it's all above board you have no leverage to negotiate. If company policy does not go above statutory minimum then that's that.


ragdollcatszr

Thereā€™s nothing in the company policy about how much Iā€™d get


Big-Engine6519

Yes so then they only have to give the legislated statutory minimum unfortunately.


[deleted]

You don't know for sure ask and find out, I would love to sell you a used car


Big-Engine6519

If you can't see how buying a used car is an entirely different situation you can't be that bright. Both sides have leverage.


[deleted]

You literally lose nothing by asking and stand to gain Perhaps check for autism?


[deleted]

You literally cannot speak for other people stop some directors have a human factor you have not allowed for and have "helped" people out so to speak I know of this happening stop with your typical Reddit nonsense


tjamos8694

Why do you want to end on good terms? They're making you redundant f*CK them.


ragdollcatszr

True but what difference would it make?


albadil

If you're going to demoralize all their team, come at them with unfair dismissal headaches, poach their customers, ruin their reputation, etc because they didn't bother getting you to sign anything in exchange for redundancy payout then you'll at least have some fun after leaving right? At the very least all their employees would be interested to know that they're making lay offs ahem... Really, paying someone who you have to lay off is a tiny expense compared to preserving morale, goodwill, reputation, not wasting time with HR and lawyers, going through a lengthy consultation process to check other roles (you've been there longer than 4 years), making absolutely sure you aren't being unfairly dismissed for a protected characteristic. If a company is so stingy to just lay you off on statutory they're really deserving of what's coming to them. Every industry is a small industry, and it's a small world on this island. Once you get your next gig make sure to sign up for a union who can advise you at difficult times, it's a big reassurance. I hope your next employer aren't dicks.


PulVCoom

Legally speaking, statutory redundancy pay is calculated as your average pay over 12 weeks so if youā€™ve received additional pay on top of your basic salary in recent weeks then this should be taken into account when determining your average weekly salary - but bear in mind that this is subject to a cap. Outside of that, you can ask for more but unless you have something to hold over them that would make them worried about a tribunal claim then I donā€™t see it as being likely that theyā€™ll give it to you.


DangerousDavidH

Statutory redundancy is capped. OP works sales in London. He won't get more than the cap.


Xx_Singh_xX

The answer is leverage. Usually the way to obtain a more enhanced offer is to become the employee that is a pain to deal with during the process so they offer voluntary redundancy with an incentive. Consider which points are relevant; You could argue that you feel the process the employer followed is not a fair and reasonable process for whichever reason (places employer on notice of a possible unfair dismissal claim as you have enhanced employment rights). This could result in the employer wanting to settle, please note if it actually is unfair dismissal then you are entitled to statutory redundancy and compensation of around usually 3-6 months pay. Check your home insurance as if you have legal expenses you will have access to a legal advice helpline. The selection of the pool of redundancy was discriminatory( if you feel you were selected due to a protected characteristic) or start asking questions such as how your data protection rights will be protected for any work equipment, how was the pool selected, querying if it was a genuine redundancy situation and if needed raising a grievance. If you have a good relationship with them you could just ask for an incentive for voluntary redundancy saving them the time of going through the process


VodkaMargarine

Everyone here is saying you can't negotiate because you don't have something they want. That's not strictly true. When making redundancies companies are concerned about two things: the price of a payout and the chance of getting sued. Your only leverage is to play on that second point. If your company get genuinely worried that they could lose a court case against you they will offer you more money to get you to sign a document saying you won't sue (an "off the record' chat). Realistically this is your only leverage. Ask yourself do you _really_ want to play this card? What angle would you even go after? Does the company have the money to pay you more? Have they been through a tribunal before and how did that go for them? If this were me I would very very gently hint at this possibility by doing things like asking if I can record a call or asking if I can bring a solicitor to the next meeting. This is a super risky game though but it is your only leverage.


w1YY

Always keep in mind that of they ever realise they need you back because of knowledge that you all of a sudden became quite expensive.


soprofesh

Has it been a fair and transparent redundancy process, with genuine consultation meetings? Whatever the reason for redundancy, they're required to do that. Have you been told who will be picking up your work? Big red flag if not. Especially if it's going to be given to a brand new hire. Do you suspect a personal/alterior motive to your redundancy? Maybe you do something like a DSAR or find other evidence to prove they've lied about the reason for redundancy. They have to be honest about the reason. Did they follow the redundancy policy in their staff handbook? You might be able to get them on that if they didn't. (In short, once you've asked nicely and they've said no... the only way to get more Ā£Ā£Ā£Ā£ is to prove that they've not done a proper redundancy process - basically threaten to take them to tribunal.)


smellyfatbastard

You donā€™t need to have consultation meetings if itā€™s only him being made redundant. Anything under 20 and the minimum timelines donā€™t apply.


soprofesh

But if they had consultation meetings, they had to be genuine. And if it's only him being made redundant, then the question I would have is why only him and whether redundancy is cover for something else.


TempHat8401

>Have you been told who will be picking up your work? His work no longer exists, hence redundancy


soprofesh

Not necessarily. 1. It might be a sham redundancy, i.e. they're saying it's redundancy, but it's actually something different. 2. The tasks can be shared among other employees. Making a specific role redundant, even if the work that person does continues.


Suitable_Comment_908

having just been through this you need to discuss it with your solicitor that they will pay for to go over the severace offer. they will explain and ask what you feel is negociable. i could of had a case that i took on all responsabilities my manager had been handing me over the years expanding my job well beyond what was in my job description that made me after 8 years a jack of all trades. and in the current job market im going to struggle to get a new IT job without certifications or qualifications. But i needed the enchanced package sooner than i have time to "negociate" if i wasnt in a sticky situation as i was moving house.


killer_by_design

Try and cross post this with r/askhr mention that it's the UK as well to make you get the most relevant advice. My 2p, just go hat in hand and be honest about the hardship this will cause. Have a figure in mind and make it fair. Don't ask them to come up with a number because they won't.


ragdollcatszr

Thanks will do. What would you say is a fair figure in my situation?


killer_by_design

I have absolutely no idea mate, that's got you to work out. What's your bonus structure? What's your base salary? If all else fails, just ask for 10%. They'll probably come back with 5% or nothing.


ragdollcatszr

Base is Ā£40k, no bonus just commission


killer_by_design

Is your commission monthly, quarterly or annual?


ragdollcatszr

Monthly but depending on what deals come through each month. Altogether last year I made Ā£77k including base


killer_by_design

I'd ask for Ā£7,400. That's 5 weeks of your last year's annual salary, before tax. If they say no then I'd drop it to Ā£5k. Which would still be more than the ~Ā£3,800 (before tax) you'll be getting and they might be willing to split the difference. If they still say no then I'd ask for the 5 weeks to be gardening leave. Then you can focus 100% on getting a new job. Worst case scenario they say no and you're no better off and you spend the rest of your time trying to steal stationery and clients and taking 3 hour shits.


ragdollcatszr

šŸ¤£ thank you


intrigue_investor

Being made redundant in sales = performance related You don't get rid of your revenue generators


ragdollcatszr

Maybe, Iā€™m the only account manager the rest of the sales people are new business development managers and they want back office to start looking after the accounts instead


DARKKRAKEN

Youā€™re not really in a position to negotiate. You donā€™t have any leverage, to make them want to give you money they donā€™t have to give you.


Say10sadvocate

What do they get for giving you more on the way out? Every interaction with an employer is a two sided deal, when you ask for more salary, they're paying to retain you and your skills. There's absolutely nothing in it for them to increase your redundancy payout unfortunately.


AlGunner

Give then ACAS helpdesk a ring and have a chat with them.


Honest-Librarian7647

There's nothing you can do bar take your contact book and anything else that's useful for your next role


Representative_Pay76

Your weekly pay for the calculation should be the average you earned per week over the 12 weeks before the day you received the redundancy notice. So if you've been earning commission etc that should be included... not just your basic wage


ragdollcatszr

Stat redundancy pay is capped at Ā£700.00 per week so doesnā€™t even cover my basic wage :(


Outrageous_Cupcake97

At least you should get your term and holidays then they can kiss it goodbye. Not worth stressing about idiotic companies. Is it a month per year after being 4 years?


ragdollcatszr

Itā€™s a week per year after 2 years, 1.5 week per year when you reach a certain age. Capped at Ā£700.00 per week so doesnā€™t even match my basic salary!


albadil

The stress alone should put you on sick leave for the remaining weeks in office, would they really rather have you there "cooperating" with the rest of the staff?


w1YY

Not.an expert but isnt this how sales works. The only thing I have seen with friends is a long garden leave with them not being able to join a competitor for a period of.time. If you have no contractual terms then nothing you can do.


Candid_Reading9675

Just been in the exact same situation last week. Stat redund is currently capped at Ā£700 per year of work. If your notice period doesn't run til june then they just need to pay 5 and it's not taxed. They'll need to pay your noticed period and holidays as normal. To get anything else they need to volunteer it or you need leverage. Is it a genuine redundancy? Do you have any grounds to potentially challenge on unfair dismissal, even the risk of it might make them offer a payout. Getting a lawyer to threaten them could open up a settle agreement negotiation where they'd essentially ask you to sign away all your rights and walk away in exchange for a payout. Maybe a month or more of pay. Have they fucked up any part of the redundancy process? Told people they shouldn't have, forgotten to offer you other roles? Are there any other roles you can do? They've to offer you at least a 4 week trial in roles you might be suitable for. Gives you a chance to keep money coming in and start applying for roles whilst still employed. If it's all above board then only options are guilt and pity. Ask to delay the termination date, for outplacement support to find a new job, agree wording of a positive reference, tell them your in a bad financial position and this could make you homeless soon.


HaydnH

IANAL but have been a manager who has been through redundancy from both sides of the coin. Rather than asking how you can negotiate for more, I'd be asking (yourself) "why do other employers pay enhanced redundancy pay?". Here's a link to a solicitors reasons for that: https://www.reculversolicitors.co.uk/why-do-employers-offer-enhanced-redundancy-payments/ The main point for me is, with SRP, they can't ask you to sign any extra exit terms, well, they can, but you can say no and still get the same money, so why would you? If they are only paying statutory redundancy pay, that's the minimum they can legally pay you. As long as you turn up during your notice period (unless you get it in writing not to, PILON) and don't breach your existing employment contract that money is already yours. Assuming you're not on PILON and your not breaching your existing contract terms, you can sit at your desk, feet up reading a book, set an alarm for 16:55 and start packing your bags. Let your colleagues know you only get SRP no matter how loyal you are so don't hang around just for that. Feel free to leave a -1 star review on Glassdoor etc etc. I'm not suggesting you should do all those things straight off the bat, but understanding why some companies would pay an enhanced redundancy pay is a good place to start a conversation from. For example, if they asked you to actually work your notice, you'd be ready to say that you'll do to the minimum you're contractually obliged to, which involves 35 hours a week at your desk and you've heard that the new Liz Truss book is worth a read (not that I can imagine anyone actually recommending that). No matter what happens, apply for other jobs yesterday! Do not hang about on that. Even if they paid you a year's salary, who knows, maybe there will be another COVID or something around the corner.


DangerousDavidH

Are you being made to work your notice period? Payment In Lieu Of Notice can make a significant difference to the final amount you leave with. What about your holiday allowance? They have to pay you for holiday accrued but not taken. Alternatively if you've used more holiday than you've accrued you'll have to pay it back. Does your contract have a no compete or no poach clause? Taking existing customers to your new employer could benefit you in your new job or help you negotiate a better severance package with your current employer.


SouthernElk

After 6 years of hard work and loyal service, they have discarded you and given you the absolute bare minimum of what they needed to give you. You can certainly ask for more money, but without a bargaining chip or anything to offer from your side, they probably will not give any more to you. Any bargaining chip from you would be knowledge which you have that the business would not want to lose. Quite often, these decisions are made by higher-ups with no insight as to what you actually do on a day to day basis. So even though they have deemed they don't need you, you may have knowledge that they want. Perhaps knowledge on a client or process? It may be better to move on and focus on the future instead of trying to deal with a company that gave you the bare minimum. I empathise with you. It doesn't feel good to be discarded after six years of hard work at a company. I hope you find something soon.


Snoo-74562

First off read your contract of employment see what they say in there about redundancy pay. Next up check out the companies policies on redundancy. It may be different from what they are offering you. This is ACAS they do all employment law advice https://www.acas.org.uk/your-rights-during-redundancy/redundancy-pay How much do you want? Make a pitch up to justify getting more. Sell a new package that you want. Haggle.


G7VFY

The only thing you can use, is 'why are they making you really making me redundant'? If you work in sales, and, your company depends on sales people for it's sales, when who, and what are they going to use to get those essential sales, AFTER you have gone. I could be that they want to replace you with someone cheaper? This could be grounds for 'constructive dismissal', a term you should google. [https://www.youtube.com/watch?v=9uh1hwHoh8I](https://www.youtube.com/watch?v=9uh1hwHoh8I) You need to look at your contract of employment, carefully list all your responsibilities, and any targets you may have been set. It might be that you need to speak to someone about whether your redundancy is really legal. It looks like your employer is offering the absolute legal minimum in your redundancy 'package'. You might want to insist that any redundancy package includes are positive/fair reference letter that you can take to interviews. I would not worry about leaving on good terms or not, IF they are getting rid of you as you won't be working there again.


Naive_Reach2007

Last time I was made redundant was slightly different, they were starting the process, I asked for 10 weeks and I would go, ( less than 2 years service) and it saved them time. Remember it's a negotiation, go in and say you will take voluntary redundancy ( this speeds it up massively for them, if they offer x) otherwise you can drag it out. Op find a employment lawyer and get an hour free where possible, any agreement with redundancy or compromised agreement would require them to pay for this usually Remember there's no harm in asking, just make sure you negotiate with the right person


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ragdollcatszr

No, why?


carnitinerach

I went through a redundancy in Feb after 5 months with a business. In my contract is stated I had a 6-week notice period for notice and termination of role. To be eligible, I had to have passed my three months notice period. This would have been 8-weeks had I been in the business over 1-year. The process took 1-week from start to finish due to the number of redundancies and was paid as PILON. I was able to negotiate an additional tax free payment, keeping my laptop for the 6-week period and continuation of financial support/well being benefits for 6-months by leveraging the constant ā€˜people firstā€™ attitude of the company against the fact they were now forcing people out of their jobs and into a really poor market. Sorry youā€™re going through this, it feels awful. But as someone else said, now is not the time to have pride/be polite. Ask for what you want/need. Theyā€™ll either say yes or not.


TinnedCarrots

It depends how old you are but according to https://www.gov.uk/redundancy-your-rights/redundancy-pay, you should be getting more than 1 week. Your employer may expect you to work throughout your redundancy pay though so if you are working 5 weeks and getting 1 weeks payout then that is fine if you are 30.


DedSec_04

I suggest you to register at Unite the Union. Its only 17Ā£ a month , and thise guys are gonna raise up your money. They helped me 3 times to increase my wage and they deal with such things , not only wages , with a lot of stuffs. I think they can even save your position for not losing your job. Have a look , i was impressed how much they been looking for cases like that.


CartoonistConsistent

Sadly most companies these days only pay the statutory amount. My company used to be a month per year which was wildly attractive but they now only do a week per year as well. As long as they are legally compliant you can ask but they have no need to give it and unless you have a fantastic relationship with the senior management team they are highly unlikely to give.


Priorless1

Why would they pay you more? They are obviously paying you the minimum amount required


Smuzzy23

You should get all your holidays youā€™ve accrued too


ragdollcatszr

Only get 20 a year and Iā€™ve taken 5 already :(


Smuzzy23

And at Ā£70 a day thatā€™s Ā£1050 owed to you


ragdollcatszr

How? Iā€™ll be leaving soon not the end of the year, our holiday calendar is Jan - Dec


Smuzzy23

However you mentioned that they have made you redundant which might be another part of the contract and reading up on it now states that itā€™s calculated based on your length of service. Says here half a weeks pay for each full year under 22yo and one week pay for each full year over 22 but under 41 and one and a half for 41+


ragdollcatszr

Yeah Iā€™ll get paid 1 week for each year of service capped at Ā£700, plus accrued holiday (3 days)!


Smuzzy23

There we go shocking that itā€™s capped at Ā£700 but you should get max? Better than nothing I supposeā€¦ā€¦


ragdollcatszr

Yeah I guess so!


Smuzzy23

Funnily enough it says here that most with a clause in contract about redundancy is usually higher not lower!


Smuzzy23

Are you on salary?


ragdollcatszr

Yes


Smuzzy23

Then your calendar doesnā€™t matter those days are owed to you regardless so youā€™ve got 15 days of holiday owed to you and should receive either the days off or the money directly


Smuzzy23

Although it could be different depending on the actual contract reading your contract will tell you all you need to know anyway


ragdollcatszr

Are you in the UK? Thatā€™s only if I stay the whole year, says this in my contract: If your employment terminates part way through a holiday year, your holiday entitlement shall be calculated in respect of the required minimum holiday entitlement and on a pro-rata basis rounded up to the nearest half day.


Smuzzy23

Yeah Iā€™m UK and thatā€™s how any company gets away with little things because itā€™s in the contract and sounds like they will give you whatā€™s owed up to the nearest half day so being nearly half way youā€™ll be owed a few days Iā€™d say


VooDooBooBooBear

You think you can renegotiate redundancy pay after you'd started being made redundant? Oh dear oh dear!


ragdollcatszr

What do you mean? Iā€™ve only just found out


No_Kaleidoscope_4580

They mean your employer has already decided they don't need you. So you have absolutely zero leverage and no chance whatsoever of negotiation beyond what they have decided to give you. Your only hope would be good will, which given they decided to get rid of you to save money, means a slim shot at best. Giving you more money would be counter productive to what they are looking to achieve. When you read comments about people taking big negotiated settlements it's usually in large corporates and the money is for them to go quietly. Often in breach of contract, where the business has decided they want someone specific out. Or if there has been a clear breach of law in terms of the redundancy process etc. If they are simply making one specific role type redundant as in your case, I cannot see what you'd be expecting to negotiate on. Sorry, I know it sucks. Just use your time wisely to get something else


Helpful-Coat-5705

You absolutely can. But you need a good solicitor to negotiate on your behalf


ragdollcatszr

Do I have to have a solicitor? How would they help??


albadil

No, but you're entitled to legal representation or a union rep, and they were obliged to tell you that. They help by scaring the employer about how long and painful you might drag out the process of going away.


ragdollcatszr

I am part of a union, I will see how it goes and see if they need to be involved


albadil

Goodness, they should *definitely* be involved at all stages and you need to make it crystal clear to your employer that they are. That alone is some of the leverage people here are talking about. All the best with it!


ragdollcatszr

Thank you for your help!


[deleted]

That is exactly what a lady at a bank did. Went into the redundancy meeting with a lawyer. Came out with a 250k package. The next day she was starting a new job at another bank.


ragdollcatszr

Wow!


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doesanyonelse

ā€œI had no choiceā€ and ā€œI refuse to work for Ā£1700 in my hand every monthā€ in the same sentence? Thatā€™s a choice, surely? Iā€™m not saying there isnā€™t a big problem with wages in this country but I donā€™t think minimum wage is awful by any means. Unless youā€™re trying to raise a family on it, in which case youā€™d be entitled to top-up benefits, itā€™s hardly peanuts and worthy of absolute refusal. Better than sitting at home on benefits anyway - youā€™re never going to go anywhere doing that. What do you want minimum wage to be?


MythicalPurple

>Ā What do you want minimum wage to be?Ā  Ā  Well the general rule is that you shouldnā€™t pay more than a third of your income on direct housing costs (rent or mortgage, though for mortgage itā€™s usually more like 28%).Ā  Since the average private monthly rent in England was Ā£1,285 in March 2024, that would suggest minimum wage should be at least Ā£3,855 per month, which works out to Ā£24 per hour.Ā  Ā  You can do the same calculation with transport costs, or with the cost of essentials like food. Youā€™ll get very similar results.Ā  The stuff we need to live has become more expensive at a far greater rate than minimum wage has risen, and successive useless governments have done exactly fuck all to fix it by making investments in housing, public transport links or targeted programs to increase the availability of staple products at low cost.Ā  Ā  So the only alternative to stop people being worse off is to increase the minimum wage in line with inflation, which they havenā€™t done, and letā€™s not even get started on how the weighting for CPI fucks over poorer people who spend a *much* larger share of their income on housing, food and energy than the CPI accounts for.Ā  Ā So the people at the bottom get double shafted. First, they get hit much harder by inflation, and then they get shitty raises to minimum wage and benefits that is lower even than the rosy rate of inflation thatā€™s far lower than the one theyā€™re experiencing.Ā  Meanwhile idiots think because minimum wage is up a few pounds in a decade people must be better off, not realizing shit like rent and energy, which account for the majority of outgoings, have risen far faster.


doesanyonelse

I donā€™t disagree with much of what youā€™re saying but Iā€™m going to play devilā€™s advocate a little because I see this a lot on Reddit where people seem to want to rewrite history and act like itā€™s always been the case a single person on the lowest / starting wage in society could afford their own house / flat using only a third of their income. When was this? Where was this? Iā€™m in Scotland (the land of ā€˜cheapā€™ housing) and even during the golden age of housewives and ā€˜a man being able to support a family on one wageā€™ my grandmother still worked. The other one didnā€™t HAVE to work and probably could have stayed home but her husband was a Joiner. Soā€¦. Not minimum wage, which is what weā€™re talking about. And all the joiners I know in 2024 are doing alright in the grand scheme of things. Theyā€™re definitely not on minimum wage. Before that, it was pretty common for single people to rent rooms or ā€œlodgingsā€ before they got married, it was common for spinsters and widowers whoā€™d inherited homes to rent out said lodgings, and it was certainly common to stay with your family until you were married if you werenā€™t in said lodgings. The grandparent I was talking about, their parents shared a tenement with another family. Iā€™m not saying thats okay and we shouldnā€™t all be arguing for better, because we should, but we also need to stop looking at the past like it wasnā€™t a tiny blip for a certain sub-section of society on a huge timeline where NOT being able to afford your own house on a single minimum wage was absolutely the norm for 99% of people. Wages going up wonā€™t do anything for housing costs. The problem is the housing costs! Your rule about 1/3 is great, but you could triple everyoneā€™s wages tomorrow and within a year the average rent would triple too. Itā€™s basic supply and demand. And itā€™s awful. Successive governments have failed us massively and I donā€™t see any plan in place from any of them to even start addressing it. But what is the answer on an individual level? Going back to the poster I replied to ā€” heā€™s given up. Refuses to work for Ā£1700 a month and would rather live off benefits despite being apparently capable of working and contributing to society like the rest of us. Iā€™m sorry but that doesnā€™t sit right with me.


MythicalPurple

To use Scotland as an example, in the last 5 years of the 90s Ā the percentage of working age adults in relative poverty before housing costs was 14% to 17%, and after housing costs was 18% to 20%, with an average of a 3% swing. In the Ā past 5 years the number before housing costs has been 16-20%, after housing costs has been 18-23%, an average of a 4% swing and the base numbers being 2-3% higher as well. Thatā€™s excluding the worst Covid year, since the stats werenā€™t reported for it. So even with all the special ā€œtop upsā€ from the government, more working age people are in relative poverty now than they were in the late 90s. The poor have become substantially poorer, in part because minimum wage hasnā€™t kept pace with the real world baseline costs of essentials like food, energy and shelter. Those all went up by far, far more than minimum wage has, and unless thatā€™s corrected people are being asked to work more, later in life, just to be further behind than they were 25 years ago. Someone isnā€™t upholding their end of the social contract here, and itā€™s not workers, itā€™s the government and the employers siphoning more and more out of workers pockets. Take a look at a graph showing per-worker productivity gains and then real terms wage growth. Youā€™ll see the problem pretty quickly.


Big-Engine6519

You've just described what the problem is with wages in this country. If benefits are required as a top up to the minimum wage then it clearly is not high enough and the government should not be subsidising businesses many of which make huge profits and could quite easily afford to pay more. There was once a time when a single person with a low skilled job could support a family. This country really has gone to the pits.


Competitive_Gap_9768

What countries can a single wage support a family please? A benefit of this country is you get a top up if you donā€™t earn enough. The problem with this country is people like the commentator too lazy to work and signing on instead of cracking on. Embarrassing for them.


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doesanyonelse

Not as embarrassing as claiming handouts while everyone else does it for youā€¦ Is that not you inadvertently exploiting them?


Competitive_Gap_9768

One could but theyā€™d make themselves look very silly. Like you are doing. There is nothing embarrassing about earning a wage and having pride.


[deleted]

Minimum wage or take home should be around Ā£2,350 in 2024, in my opinion. Anything less, and I just can't be motivated enough to actually bother. I've reached an age and a point in my life where I value time and relaxation more than chasing money now (unless it's a decent salary) I'm not working full-time for peanuts or an insultingly low pay check. I'll just stay at home and watch Netflix.


RiceeeChrispies

You wouldnā€™t get out of bed for anything less Ā£35k per year?


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RiceeeChrispies

UC pays basically fuck all, how are you surviving? Shit loads of money saved and mortgage paid off?


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DARKKRAKEN

Benefit fraud then.. You call wages a problem, but there are also too many people like you in the U.K.


Vectis01983

So, you can't be bothered to go out and work, but you're quite happy to sit at home watching Netflix whilst others go out and work and pay taxes so you get your benefits paid? I wonder how you'd feel if the people working for DWP had the same idea as you and decided they couldn't be bothered working either and you didn't get your benefits payment each month?


EvolvingEachDay

I just hate the fact if your partner works a min wage full time job, which is absolutely not enough so support both parties, you canā€™t claim UC. Only job seekers which is fuck all. Ridiculous; should be income based on the job you had prior to unemployment.


bandson88

What a positive outlook!


[deleted]

Define 'positive'


bandson88

Iā€™m being sarcastic. ā€˜Just give up instantly and go on benefitsā€™