Redundant before christmas, negotiating pay off.

Soldato
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21 Oct 2002
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Long story short, was given a letter a couple of weeks ago about consultation for redundancy as the company I work for are moving away from field sales and that was a large part of my job.

No great shakes, I went and got another job lined up with the parent company, but its doing something completely different on less money with less prestige and none of the other benefits so I have the option to reject it out right.

So this afternoon I have a second Interview at another company which I *fingers crossed* should get, doing something else entirely on more money than the alternative job Ive been offered with my current company.

My main concern is negotiating my pay off, I've got a three month notice period and I'm ****** if Im going on gardening leave for three months.
What I'm owed is three months wages, three months car allowance, statutory redundancy, and any and all other benefits for those three months.

It works out at just over 10k, plus they would have to pay their employer NICs on top of that, and I would be taxed as well.


Anyone else negotiated a payment in lieu of notice?

I'm thinking I should pitch around the £6.5k mark which is 60% ish of what they would otherwise have to spend out for that 3 month period.
 
If you notice period is three months they should pay it up if they want you to leave earlier.

You'd think that wouldn't you.
They would actually rather pay me to do nothing for 3 months than pay it me up front so I can go so where else 2nd of jan.

I mean, I'm not the one that wants to go!
 
I guess it will all depend on when the other employer wants you to start. Are you going to tell them you have a 3month notice period? Good luck with the interview
 
2nd of jan is the start date for both this new one and the alternative offered.
The original letter said they estimated that the 21st would be the last day my current position would be needed so they were going to put me on gardening leave by the sounds of it.
I mean I can be awkward and say **** it ill go on gardening leave then, as I can find a HGV job no problem at any time, and who wouldn't fancy a 3 month paid holiday?
 
I would start with more than 60%, if you do go down that route. If they do consider it then they'd surely try and haggle you down. Go for 80%?

This, if you're going to do it go in high so at least then they won't be taking you for a total ride if/when they decide to haggle.
 
as long as working at the other job over that 3 month period is going to earn you significantly more... otherwise there is not much point (unless it was a role that was hard to get) - as you'd already getting 10k for sitting at home its the total amount you can make over and above 10k that is compensating you for the 40+ hours a week over the next 3 months you'll be putting into the new job...work out how much you can make over the 10k by taking a reduced payoff as a lump sum then consider whether that is enough or whether you'd rather do something else with the free time you'd otherwise have.
 
I took 3 months in lieu of notice in 2007 but I wasn't on gardening leave for that time. I started my new job 2 weeks after finishing at the old one (in which time my daughter was born, but that's neither here nor there :)).

Usually companies only insist on proper gardening leave if you're in an information sensitive market and they want you to have a buffer between them and a potential competitor. check to see whether your comprimise agreement explicitly states that you're not allowed to work during the 3 months.

That said, if they were going to have you work your 3 month period or you want to leave earlier than your intended end date then you'll have to negotiate an early release without losing any of your settlement. Technically they could give you nothing if you resign.

I was made redundant again 2 years ago and asked for release a month early as another company wanted me to start immediatley. Luckily I had a nice FD and I didn't lose any of my settlement, which was good as the contractual minimum was £10k :D
 
Take the gardening leave, have a relaxing Christmas and a new year, while you prepare for the new role? :)
 
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Just go on garden leave and start the new job anyway.

When you arrive at new employer you wont have a P45 so you will get tax at emergency and can fix it at the end of the tax year, which conveniently is in 3 months time when you will get your P45 from your old employer.

Unless you know sensitive info they are unlikely to do any checking that your actually on garden leave siting at home and not elsewhere.

Garden leave normally means you are only obliged to go back into your old employer should they need you.
 
I took 3 months in lieu of notice in 2007 but I wasn't on gardening leave for that time. I started my new job 2 weeks after finishing at the old one (in which time my daughter was born, but that's neither here nor there :)).

Usually companies only insist on proper gardening leave if you're in an information sensitive market and they want you to have a buffer between them and a potential competitor. check to see whether your comprimise agreement explicitly states that you're not allowed to work during the 3 months.

I kind of know the pricing structure for the whole company, contact names and numbers of all the buyers, rebates that are in place, pretty much enough that they wouldnt want me starting for another competitor in a bad mood.
 
Just go on garden leave and start the new job anyway.

When you arrive at new employer you wont have a P45 so you will get tax at emergency and can fix it at the end of the tax year, which conveniently is in 3 months time when you will get your P45 from your old employer.

Unless you know sensitive info they are unlikely to do any checking that your actually on garden leave siting at home and not elsewhere.

Garden leave normally means you are only obliged to go back into your old employer should they need you.

What if the current employer contacts your previous employer for a reference?

You'd look silly unless you had forewarned the new employer of the situation.

I'd take the time off paid.
 
My previous employer put everyone on notice of redundancy and refused both gardening leave and voluntary redundancy status.

After 5 years of working for them I was forced to find a new job, hand in my notice as standard, work it, and leave with nothing extra whatsoever. Absolute shower of *****, they were.
 
My previous employer put everyone on notice of redundancy and refused both gardening leave and voluntary redundancy status.

After 5 years of working for them I was forced to find a new job, hand in my notice as standard, work it, and leave with nothing extra whatsoever. Absolute shower of *****, they were.

Thats low.
 
Do you not forgo the right to statutory redundancy payment if you are offered a different job within the same company or take a new job within the notice period ?

Exceptions

You’re not entitled to statutory redundancy pay if:

your employer offers to keep you on
your employer offers you suitable alternative work which you refuse without good reason

https://www.gov.uk/redundant-your-rights/redundancy-pay
 
What if the current employer contacts your previous employer for a reference?

You'd look silly unless you had forewarned the new employer of the situation.

I'd take the time off paid.

Sorry yes had meant to say advise new employer on the situation they would play ball if they wanted him to start.

But, its not unreasonable to get a request for a reference before you even leave an employer. I have had a reference request over two months in advance of leaving an employer. Its even more likely you would get reference requests for staff your making redundant.
They wouldn't expect him to be sitting at home for 3 months not attempting to get a new job. Some employers take ages to do references even once you have started, Ive seen others require the reference to be back before you start.
 
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