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It's 07 January 2009

Redundancy

Revised 9 May 2005

The following information has been provided by the House authorities following the 2005 General Election.

What will happen to my employment if my employer has lost his/her seat at the General Election?

If your employer has lost his/her seat at the General Election he/she is likely to make you redundant, unless they can find you alternative work. It is for your Member as your employer to make this decision, and to decide on the date of redundancy.

What will happen to my pay?

Your salary will normally continue to be paid from your employer’s staffing allowance until 5 May. However, in almost all cases your pay will continue for longer because your employer must give you notice of dismissal redundancy is a type of dismissal.

After 5 May your pay and pensions contributions will come from your Member’s winding up allowance, not their staffing allowance.

What should I do because my Member has lost his/her seat?

You should get in contact with your employer to discuss his/her plans for their staff and how these will affect you. You may wish to ask him/her what payments you can expect if redundancy is confirmed and when your employment is likely to end. This may depend on whether your employer wants your help with winding up his/her Parliamentary work.

What does my employer have to do now he/she has lost his/her seat on 5 May?

Your employer will need to instruct the Department of Finance & Administration, who will arrange for your salary and pensions contributions to be paid from his/her winding up allowance. He/she will need to confirm in writing that your salary is to continue and to confirm the date your employment will end. The Department of Finance and Administration will send out guidance for Members (Pay and allowances for Members who leave the House at a General Election) and books of forms for this purpose

How long can I expect to be employed if my Member requires assistance with winding up his/her parliamentary work?

It is for your Member as your employer to decide this. Some Members find that they can wind up their affairs in a couple of months or less. But this depends very much on the size of the task and how many staff are involved. In any case your employment is likely to end before 5 September 2005, which is the date on which the Department of Finance and Administration will cease to provide payroll services for ex-Members.

If I am made redundant what payments can I expect?

You can expect to receive

1) Redundancy pay

If redundancy is confirmed you may receive a statutory redundancy payment from central funds (not the winding up allowance). In order to qualify for this redundancy payment you must:

have been in continuous employment with your employer, and paid from the staffing allowance or office costs allowance, for at least two years since the age of eighteen
be aged between 18 and 65.

2) Notice pay

If redundancy is confirmed your employer will normally give you notice of when your employment will end. The amount of notice to be given will be in accordance with your contract of employment and the statutory minimum. The statutory minimum notice period is usually one week for each year of service up to a maximum of 12 weeks. You should however check the terms of your contract of employment, because if, exceptionally, your contract stipulates a longer notice period, this will apply.

You may be required to work your notice period (to assist in winding up your Member’s Parliamentary work). If you are not required to work all or some of your notice period, then your employer may ask the Department to roll up the payments for your notice and pay you a lump sum instead. (This is called pay in lieu of notice.)

3) Payment for annual leave not taken

If you have holiday owing to you out of your current year’s allowance you will be entitled to receive payment for this. You should confirm with your employer the amount of leave you will be entitled to until your last day of employment and whether this is to be taken during your notice period.

If there is holiday owing to you when you leave, your last salary payment will reflect this. If you have taken more holiday than you were entitled to, a proportionate amount of pay will be deducted from your final salary or redundancy payment.

Can my employer supplement my redundancy payment?

Yes. If he/she wishes your employer can give you

1) An additional redundancy payment

If you are entitled to a statutory redundancy payment you may also receive an additional redundancy payment from your Member’s winding up allowance to enhance this. However this payment is at the discretion of your employer and is limited to the same amount that you may receive as a statutory redundancy payment.

2) A termination payment

If you do not qualify for a statutory redundancy payment your employer may at his/her discretion, give you a termination payment within the agreed limits.

I am self employed. Am I entitled to a redundancy payment?

Sorry, no.

Is there any help available in finding alternative employment?

If your employer makes you redundant you are entitled to reasonable time off to look for another job during the notice period.

There are two training courses that are available to Members’ staff to assist them in finding alternative employment. The two courses are:

Effective Interview Techniques

How To Write Impressive CV’s

More information and booking details for these courses, can be found on the website www.w4mp.org or alternatively from the training providers, WWP Ltd, on 0870 606 0088

Where can I find more information on this?

The booklet “The Green Book “ provides more information on the payment of allowances and staff issues. Or you can call the Personnel Advice Service on 020 7219 2080

Redundancy in other circumstances

For redundancies in other circumstances the latest information we have comes from July 2004 via the Commons Finance and Admin Dept and received this general response:

"There is a central redundancy fund, which will meet redundancy costs for certain staff of Members who leave the House. Broadly speaking, Members' staff need to look in their contracts to see what their entitlement would be. Those on new DFA contracts are entitled to redundancy payments at the statutory level. In some cases a Member may enhance the central redundancy payment from their allowances. P 33 of the Green Book refers."

This is from the “Green Book” updated July 2004, Section 10 (on page 33) and Section 11 (on page 34). You will find the “Green Book – Parliamentary Salaries, Allowances and Pensions” under letter G in the Index, which appears at the top of the Parliamentary Intranet home page.

There's more on redundancy on the Department of Finance and Administration Intranet page; access available from the Parliamentary Intranet home page as usual.

When you get to this page, click on the "Personnel Advice" link:

...then on Personnel Advice for MPs and their Staff. Now scroll down and choose from:

Redundancy
Additional Redundancy Payment Form (.pdf file)
Notes on Using a Compromise Agreement
A Compromise Agreement (.pdf file)
Confirmation of Redundancy Letter (.pdf file)

Sorry for all these roundabout instructions on how to access pages on the Intranet. We have to do it in this cumbersome way as we have been asked not to show actual Intranet addresses on W4MP which is, of course, publicly viewable on the World Wide Web.

DR 6 August 2004.

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