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How do you negotiate a settlement for redundancy? There’s a legal minimum. When you negotiate what do you offer in exchange for anything above that? Give me mor

How do you negotiate a settlement for redundancy? There’s a legal minimum. When you negotiate what do you offer in exchange for anything above that? Give me more or… I’ll quit? Or was it trading some benefit you didn’t want for one you did?

deleted 4y ago
[deleted]
dogma1138 4y ago
You can challenge redundancies or dismissals fairly easily, they need to prove that your position is no longer needed and that they couldn’t find you an alternative position at the company. If you have a very specific role it might be easier for them to argue that, however for example a developer is quite an interchangeable position. They also aren’t allowed to hire for that role under most circumstances for a 2 year period. If you aren’t in a union or even if you are always get a lawyer to represent you they aren’t that expensive and they more than pay for themselves, companies that offer you a settlement would also usually cover your legal fees. Another reason why to get a lawyer is that companies have to follow the law, and most of them acres it up, putting wrong dates on a document, counting consultation days incorrectly, people chatting about it on company comms etc. This is also why most companies would attempt a “without prejudice” negotiation first because those cannot be brought up as evidence in court or a tribunal (the employee doesn’t have to accept negotiating under no prejudice). So the moment you get an email or into a conversation that starts with “without prejudice” you should contact a lawyer or your union for legal advice, and preferably both.
- chrisseaton 4y ago
  Oh right so the bargaining power you have is to claim that the redundancy is illegal and offer to accept them paying you off instead? If the redundancy is properly done though I can't see how you can do anything but take what you're offered.
  - dogma1138 4y ago
    Yes, it’s very hard to do redundancies the right way without any screwups, you can also usually delay a redundancy by at least a couple of months since if you do appeal it most companies won’t risk making you redundant before a tribunal or an arbitration process took place because they’ll be liable for back pay and much more substantial compensation if it’s reversed. Usually from a large firm you can get your notice period which they have to give you, your statutory redundancy period and 3-6 months of additional pay + any bonuses you could normally expect to get without too much sweat.
edent 4y ago
They negotiated far more than the legal minimum. They also reduced my gardening leave and removed my non-compete. As to how they did it? I don't know. I sat in a fancy lawyer's office and explained what I wanted. They made the calls and did the paperwork. That's what you pay Union subscriptions for - to have someone do the hard work for you.
pjc50 4y ago
I suspect, as with a lot of customer services and patio11's guide to salaryman, simply complaining in a way that sounds like you know what you're talking about and can sue them will cause them to be a lot more generous - because otherwise you'll take up far more than that cost in legal costs and the time of dealing with you.

deleted 4y ago

[deleted]

dogma1138 4y ago

You can challenge redundancies or dismissals fairly easily, they need to prove that your position is no longer needed and that they couldn’t find you an alternative position at the company. If you have a very specific role it might be easier for them to argue that, however for example a developer is quite an interchangeable position. They also aren’t allowed to hire for that role under most circumstances for a 2 year period. If you aren’t in a union or even if you are always get a lawyer to represent you they aren’t that expensive and they more than pay for themselves, companies that offer you a settlement would also usually cover your legal fees. Another reason why to get a lawyer is that companies have to follow the law, and most of them acres it up, putting wrong dates on a document, counting consultation days incorrectly, people chatting about it on company comms etc. This is also why most companies would attempt a “without prejudice” negotiation first because those cannot be brought up as evidence in court or a tribunal (the employee doesn’t have to accept negotiating under no prejudice). So the moment you get an email or into a conversation that starts with “without prejudice” you should contact a lawyer or your union for legal advice, and preferably both.

chrisseaton 4y ago
Oh right so the bargaining power you have is to claim that the redundancy is illegal and offer to accept them paying you off instead? If the redundancy is properly done though I can't see how you can do anything but take what you're offered.
- dogma1138 4y ago
  Yes, it’s very hard to do redundancies the right way without any screwups, you can also usually delay a redundancy by at least a couple of months since if you do appeal it most companies won’t risk making you redundant before a tribunal or an arbitration process took place because they’ll be liable for back pay and much more substantial compensation if it’s reversed. Usually from a large firm you can get your notice period which they have to give you, your statutory redundancy period and 3-6 months of additional pay + any bonuses you could normally expect to get without too much sweat.

edent 4y ago

They negotiated far more than the legal minimum. They also reduced my gardening leave and removed my non-compete. As to how they did it? I don't know. I sat in a fancy lawyer's office and explained what I wanted. They made the calls and did the paperwork. That's what you pay Union subscriptions for - to have someone do the hard work for you.

pjc50 4y ago

I suspect, as with a lot of customer services and patio11's guide to salaryman, simply complaining in a way that sounds like you know what you're talking about and can sue them will cause them to be a lot more generous - because otherwise you'll take up far more than that cost in legal costs and the time of dealing with you.