Redundancy Law/rights?

[lhaigh]

Last year I had to take my employer to a tribunal for sexual discrimination (a male joined the team on more money with more holidays for doing the same job) and they settled out of court. Now we are all being made redundant. me my manager and colleague on maternity leave (all female) have been told we will get statutory redundancy pay and notice but the male employee is getting more than stat? (hes only entitled to one weeks notice as only been here just about a year) but they are giving him 4?

Are they allowed to do this?

[woofgang]

Can I suggest the following.
Are you sure he's getting preferential terms and have you got proof?
Is it that he's getting the same as you or is he getting more?

[buildersmate]

Presumably you are asking whether the terms given on redundancy can vary between employees who are made redundant, other than on the 'accepted' grounds on length of service and age, if there would seem to be a sexual discrimination factor?

It's a very good question and one I've never come across before. Part of the answer on the acceptability of discrimination on 'age' grounds is given here - a publication originating from the TUC.
http://www.worksmart.org.uk/rights/doesnt_giving_people_different_redundancy_payments_based

But that doesn't cover the sexual discrimination question if, as Woofgang says, it is that.

Are you sure that this individual does not have a contract of employment with termination on a notice period of four weeks on either party? If so the employer has to give four weeks notice minimum, but this increases by one week for every year after 5 years continuous service (up to 12 maximum at 12 years) because the statutory obligation overrides the personal contract.

[factor-fiction]

I would be surprised if he was on only a week's notice. Are you sure the information you have is reliable?

[lhaigh]

All ive got to go on is that were all receiving statutory notice and pay i.e one week for every years service. according to direct gov website as hes only been here a year he only gets a weeks notice as you have to do 2 full years service to be entitled to pay and a week for every year, but hes getting the same notice as someone whos been here 4 years. i dont even know if I can be bothered to argue it with them, theyve already proved hes the favourite by begging him to take the one job thats going to be left behind (that I cant apply for as cant commit to full time hours right now) I may aswell just cut my losses take my money and go!

[factor-fiction]

If he is going to get the job that's left behind then he wouldn't be given any notice or redundancy pay anyway, would he?

[lhaigh]

builders mate in response to your question, i think we all have a contract that says we have 4 weeks notice if they want to terminate the contract, but they have said to us that as it is redundancy its different to termination and is a week for every year so I get 8 my manager 11 and my friend 4 which is consistent with the length of full years service we have, but he gets 4 weeks for less than a full years service. hope that makes sense!

[lhaigh]

he wont get any pay as he doesnt qualify for it and he doesnt want to take the job thats left behind unless he really has to.

[factor-fiction]

The notice period still applies in redundancy situations, unless they are offering pay in lieu of notice.
Buildersmate knows his stuff in this area

[factor-fiction]

I think you may be confusing the notice period and the severance payment which will be so many weeks' pay depending on service

[bednobs]

if he's not getting any pay, i can't see why you are bothered how much notice he gets

[lhaigh]

I have my reasons for wanting to know, not bothered as such.....

I get 8 weeks notice and because of my age when I started employment I get 6 weeks redundancy pay. Just trying to understand why he gets the same notice period as my friend who's had to do 4 years service to qualify for her 4 weeks notice. Maybe it's because he doesn't get any pay.maybe it's because he's been the favourite since he started on 5k a year more than the girls in the team! Thanks to those of u who've tried to help anyway :)

[buildersmate]

No it isn't because he's a favourite, its because it is the law, and you are maybe confusing statutory redundancy pay (in terms of weeks paid) with contractual notice periods.

In a redundancy situation, not only does the organisation have to give a redundancy amount of at least the minimum required under statute, it also has to give the contractual notice period, or pay money in lieu of notice (the full pay - not the tiddly maximum provided under statutory redundancy).

I suggest to you that is what is happening here. I wouldn't get too het-up about it - life's too short.