Working my notice of redundancy

[annette tula]

I have just been made redundant after 9 years employment. My employers have given me 8 weeks notice. This has really knocked me for six I am 50 years old and has caused me a great deal of stress. I have been the my doctor who has given me a sick note for 2 weeks. I have spoken to me employer and stressed to him that I would rather not come back and work my notice (I am not bothered about getting paid for the notice period) but the managing director has just written me a letter in which he states that when he handed me the redundancy letter I did not seem ill to him and that if I dont come back and work my notice the redundancy pay will be withdrawn and I will be in effect sacked?? can he do this ?? and do I legally have to work the 8 weeks. I am at my wits end with worry.

M

[Oneeyedvic]

If you are fit for work, then yes you must attend work. On the other hand, if you have a doctor's note explaining that you are not fit to work, then the company can not force you to work. If tehy were to try and sack you for being off sick, then they are opening a can of worms which they wouldn't want to do. You would be able to take them to a tribunal etc.

Try to stay calm and relaxed. There are plenty of opportunitys out there for someone who has 15 years left in their working life. My wife (aged 54) was looking for work recently and she was very nervous about looking as her qualifications are many years out of date, but she does have plenty of experience. She applied for 5 jobs and received 3 job offers.

Contact your local job centre and find out about packages that you may be entitled to. Also start looking for new jobs as soon as possible. Get hold of trade publications relevant to your trade.

Obviously, try not to fall out with your current employers - you may need them as a reference. That said, they can't give a bad reference easily.

Don't worry, you are not on the scrap heap yet!

[buildersmate]

8 weeks notice for 9 weeks employments sounds too low - check your employment contract but I would be surprised if it isn't at least 9 weeks notice - one for every year employed.

You should be bothered about the pay for the notice period - it is your right. As above, you should not have to work if you are genuinely ill. As above, they will open a can of worms if they try and dismiss you, because unless they are claiming it is gross misconduct, they would have to pay you notice of termination of employment contract anyway!!! That's eight (or nine) weeks.

[buildersmate]

Part 2 - (had to rush off without finishing)

Redundancy is a stressful thing and it is not surprising you feel the way you do. The MD's letter is somewhat callous because it is perfectly feasible that your feeling of stress is a result of what happened to you - so you would have seemed OK when he gave you the letter. You medical state is a matter for a doctor, not an unqualified person. You could offer to be examined by another doctor nominated by the company (at its cost). I doubt that they will go through with this - the MD is 'trying it on'. I imagine this is a small company? If they did go through with it, at least four weeks of the eight would have passed anyway.

If you have given 9 years of valuable service, 8 weeks of pay plus the actual redundancy sum, isn't too much in return for just being cut off. Many organisations don't ask redundant employees to work their notice anyway - it isn't worth their while and it is kinder on the employees.

[themas]

Don't forget that, if you are off sick, they only have to pay you in accordance with whatever their sick pay policy is. If there is not such a policy in your contract they may only have to pay you Statutory Sick Pay - about �68 per week.

[huge piles]

annette, i believe the legal minimum is one week for every year... but don't know what the situation is for part years... sounds like they are legally within the law...

however if your doctor has given you a sick note for stress or whatever, then my argument would be that it is your employers who have caused that stress, so you should be paid fully...

contact the citizens' advice bureau

good luck

[huge piles]

...oh, and take it easy... i'm now redundant too, and trying to find another job at the age of 43... it's not easy, but keep trying !!!