Cheated out of redunancy

You probably didn't get redundancy the first time around because you're useful/good at your job and it would be a faff to replace you or they've managed to get away with paying you a low salary compared to others in a similar role so would rather keep someone like you compared with perhaps more expensive older staff members.

You don't know that you'd have been accepted for it the second time around if you were already rejected first time around.

No you can't claim for anything, you've chose to hand your notice in - why would they give you free money when they don't have to... tis like handing in your notice before your annual bonus, don't expect them to give you money when you're leaving the firm and they're not obligated to give it to you.

I wouldn't worry about it, if you were underpaid then it is better you got out of there anyway. You can't start regretting decisions made because of events that occurred afterwards that you had no prior knowledge of. I mean anything could happen after you leave a place... maybe they have bumper profits and pay everyone a bonus, maybe they introduce a share scheme then have an IPO and all the employees get six figure payouts... Tis beyond your control, maybe your new place will turn out to be great anyway.
 
ubersonic said:
You should contact Citizens Advice, they may not be doing anything wrong/illegal but the whole thing sounds very fishy/underhanded.
Click to expand...

How? It seems quite simple - he resigned, he's not entitled to anything. you don't have a right to be made redundant.
 
Mark3h said:
A similar incident happened in our work, a lady handed in her notice, but stayed with us well past the date required for the yearly bonus. She handed her notice in end of March, worked until July, bonus was paid in June. Stayed working because of issues being caused by a 3rd party and moving house. As far as the business were concerned, she was already leaving so she got no yearly bonus.

Nobody was happy with how the business went about it, but they refused to budge on it.
Click to expand...

Fair enough and a standard clause. The bonus system is there to reward current employees and make them work harder for the benefit of the company. If you have put your notice in then you are leaving so that's that.

I've had several friends who have left companies just before annual bonus time and didn't realise they wouldn't get their bonus.
 
Jim99 said:
You could revoke your resignation and then apply for redundancy.

As long as no-one noticed you'd be laughing.
Click to expand...

that would be worth a shot as long as your had a manager who would play ball... though I don't think they have to accept you rescinding your resignation, and they might turn you down for redundancy if they did have good reason to accept you back
 
Mark3h said:
A similar incident happened in our work, a lady handed in her notice, but stayed with us well past the date required for the yearly bonus. She handed her notice in end of March, worked until July, bonus was paid in June. Stayed working because of issues being caused by a 3rd party and moving house. As far as the business were concerned, she was already leaving so she got no yearly bonus.

Nobody was happy with how the business went about it, but they refused to budge on it.
Click to expand...

What did she expect, bonuses are there for retention and she's leaving. If she was going in a month and they were desperate for her to stay longer than her notice period then they could negotiate a deal... otherwise it is a bit dumb of her to hand in her notice prematurely. Tis completely standard to not pay a bonus to someone leaving the company.
 
If you have evidence of redundancy selection process being unfair or have been constructively dismissed then you can take this matter further. However it sounds like you don't and therefore you have just got to accept it as bad luck on your part.

You are still working there and therefore could be made redundant still however no employer is, unless under extreme circumstances, going to make an employee who is resigning redundant.
 
dowie said:
that would be worth a shot as long as your had a manager who would play ball... though I don't think they have to accept you rescinding your resignation, and they might turn you down for redundancy if they did have good reason to accept you back
Click to expand...

You'd probably be well advised to wear a false moustache whilst applying for redundancy.
 
anything I don't mind said:
Yea i think there is nothing i can do and just very unlucky on my part.
Click to expand...

Googling the criteria you're not the first person to find yourself in this position however you do have rights, it seems that although you have handed in your resignation because you are still working your notice you are still eligible for redundancy and they should have offered it to you.

You should check it with CAB like I said, but my advice would be to accept the offer sent via email, if they say they didn't mean to send it to you point out they are supposed to, if they still refuse you should have a good claim for unfair dismissal.
 
Greboth said:
If you have evidence of redundancy selection process being unfair or have been constructively dismissed then you can take this matter further. However it sounds like you don't and therefore you have just got to accept it as bad luck on your part.

You are still working there and therefore could be made redundant still however no employer is, unless under extreme circumstances, going to make an employee who is resigning redundant.
Click to expand...

What defines an unfair selection process? Usually it is people who are complaining about involuntary redundancy. I am moaning about being offered voluntary redundancy, accepting it, only to be told i can't have it. Then Resign, then offered voluntary redundancy again, then told i am not eligible sorry. I still don't think that there is anything that i can do.
 
dowie said:
How? It seems quite simple - he resigned, he's not entitled to anything. you don't have a right to be made redundant.
Click to expand...

Not that simple:

  1. He applied for voluntary redundancy - it was denied.
  2. He then tendered his resignation and it was accepted.
  3. While he was working his resignation period he was offered voluntary redundancy among with many others.
  4. He was told he couldn't have the redundancy because he had already offered his resignation after being told the would be no redundancies forthcoming.

The Simpsons lawyer could walk this one.
 
ubersonic said:
Not that simple:

  1. He applied for voluntary redundancy - it was denied.
  2. He then tendered his resignation and it was accepted.
  3. While he was working his resignation period he was offered voluntary redundancy among with many others.
  4. He was told he couldn't have the redundancy because he had already offered his resignation after being told the would be no redundancies forthcoming.

The Simpsons lawyer could walk this one.
Click to expand...

the OP didn't state that last point, just that he'd been turned down for redundancy

just because another group mail got sent out inviting people to apply for redundancy doesn't necessarily mean he'd have been accepted

he resigned, he chose to leave... it is pretty simple - what claim does he have for them to pay him money to leave after he's resigned?
 
ubersonic said:
Not that simple:

  1. He applied for voluntary redundancy - it was denied.
  2. He then tendered his resignation and it was accepted.
  3. While he was working his resignation period he was offered voluntary redundancy among with many others.
  4. He was told he couldn't have the redundancy because he had already offered his resignation after being told the would be no redundancies forthcoming.

The Simpsons lawyer could walk this one.
Click to expand...

I was never told that there would be no more redundancies, i just did not think it would come so fast. I expected to have to wait until the following year at least. There is also no guarantee that they would accept me even if i did not resign. It just seems like i have been cheated out of it. There is also nothing stopping them from not granting voluntary redundancy as they specified that on the initial email.
 
Presumably you left for a reason though, and that reason hasn't changed.

As much as it's a pain in the neck, it shouldn't have changed your situation.
 
anything I don't mind said:
I was never told that there would be no more redundancies, i just did not think it would come so fast. I expected to have to wait until the following year at least. There is also no guarantee that they would accept me even if i did not resign. It just seems like i have been cheated out of it. There is also nothing stopping them from not granting voluntary redundancy as they specified that on the initial email.
Click to expand...

Yes they did, don't you remember....

If you claim that you handed in your notice because your redundancy claim was denied, and then they have made more redundancies then you will have a case.
As suggested above, it's worth a call to CAB to get their verdict on it, but I reckon you'd be in a pretty solid position.
 
Deathjester said:
Yes they did, don't you remember....

If you claim that you handed in your notice because your redundancy claim was denied, and then they have made more redundancies then you will have a case.
As suggested above, it's worth a call to CAB to get their verdict on it, but I reckon you'd be in a pretty solid position.
Click to expand...

it isn't, if you're going to do something like this then it is worth going to a proper employment solicitor and having a free initial consultation - they'll be much better placed to advise you

I really don't see how he could have a case, though I'm not a solicitor... as far as I was aware just because they offered people the chance to volunteer for redundancy doesn't mean they'll give it to everyone and it seems they didn't want to make him redundant
 
You must log in or register to reply here.
Back
Top Bottom