Cheated out of redunancy

dowie said:
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
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I'll try and explain via an analogy: A hot dog stand is giving away free hot dogs, 50 people queue up. after giving out 8 hot dogs they announce to the rest that they are out of free hot dogs. Person 9 is sad he missed out and walks off. As soon as he is gone the hot dog stand announces more free hot dogs.
 
ubersonic said:
I'll try and explain via an analogy: A hot dog stand is giving away free hot dogs, 50 people queue up. after giving out 8 hot dogs they announce to the rest that they are out of free hot dogs. Person 9 is sad he missed out and walks off. As soon as he is gone the hotdog stand announces more free hot dogs.
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no just try to explain using the actual scenario not an analogy with obvious flaws or making up information not posted by the OP as per your previous post... for a start you don't know that he'd have even been granted redundancy the second time around had he not handed in his notice
 
This happened to my dad back in the 90s and he had to take the employer to court, he won the case quite easily against them.
 
anything I don't mind said:
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.
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When you say offered voluntary redundancy though what do you mean? It was announced redundancies would be necessary and in the first instance they would look for volunteers. You put your name forward but were denied? or you put your name forward, you were accepted but before being made redundant the offer was rescinded? AFAIK people who complain about unfair selection will be those have faced compulsory redundancy rather than been refused voluntary redundancy. However unfair selection is on anything discriminatory such as gender, race, disability, religion etc.

TBH I think it is bad timing, had you not handed in your resignation in the middle would you find the situation suspicious that your employer is offering voluntary redundancy again?

chief barker said:
How much money are we talking about here?

Is it worth the stress of pursuing it?
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It isn't just stress, you would have to consider the cost too. There is the cost of going to a tribunal aswell as any cost for legal advice and/or representation.
 
anything I don't mind said:
A while back the company i work for was purchased by my new employer and i was tupe across. Few years later they offered redundancy to most people who they tupe across. I accepted it, nearly everyone got redundancy but myself who asked for it. I am not aware of anyone else who was turned down. Then few months later i resign and get a new job, only for them to send out a new email offering everyone redundancy again. So i ask if i am eligible for that and they say no because you have already resigned. Is that some kind of inside joke or has it got nothing to do with my situation and just happened that way? I know there is nothing i can do, it just seems unlucky on my part. Has this happened to anyone else and do i have any recourse that i have not thought of? I am not in a union. These are relatively big payouts, the one guy walked away with 24k and final months salary.
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I had to apply for voluntary redundancy 11 times with the first 10 times being rejected due to me being ”essential to the business”. I wasn't going to just resign as it was a six figure sum of be walking away from.

In your case, its probably nothing sinister, its just bad timing.
 
Greboth said:
When you say offered voluntary redundancy though what do you mean? It was announced redundancies would be necessary and in the first instance they would look for volunteers. You put your name forward but were denied? or you put your name forward, you were accepted but before being made redundant the offer was rescinded? AFAIK people who complain about unfair selection will be those have faced compulsory redundancy rather than been refused voluntary redundancy. However unfair selection is on anything discriminatory such as gender, race, disability, religion etc.

TBH I think it is bad timing, had you not handed in your resignation in the middle would you find the situation suspicious that your employer is offering voluntary redundancy again?
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They offered everyone voluntary redundancy then said if you do accept there is no guarantee that you will get it as they hold their right to final desecration based on business needs. My argument then is why offer it to everyone in the first place? I did moan quite a bit when not receiving the redundancy, nothing rude just asking for official confirmation that i didn't get it because everyone had been told they were getting it and they didn't notify me either way. Then they said that that they didn't want to give me redundancy because i can't not be replaced internally. Only for me to resign and they replace me internally and then offer redundancy again. The whole argument was that they can't give redundancy to people who will have to hire someone new over. While a lot of people made redundant were in a whole department and other roles that the company could replace, well so they say. A lot of the work that the people made redundant were doing was passed to me, without official notification or pay rise.
 
Sounds like you've just been unlucky. I doubt many employers would offer you redundancy after you've handed in your notice.

Perhaps consider joining a union in future?
 
ubersonic said:
I'll try and explain via an analogy: A hot dog stand is giving away free hot dogs, 50 people queue up. after giving out 8 hot dogs they announce to the rest that they are out of free hot dogs. Person 9 is sad he missed out and walks off. As soon as he is gone the hot dog stand announces more free hot dogs.
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No it more like this, 50 people and the randomly hand out 8 free hotdogs. You dont get one. You go away to another hot dog stand. They then announce another 8 free hotdogs but you aren't there anymore so you dont get one.
 
At least you have got a new job lined up .... the other people who are being made redundant now will have to look for one and you could have been competing against them in the market if you hadn't got in there first.
 
anything I don't mind said:
They offered everyone voluntary redundancy then said if you do accept there is no guarantee that you will get it as they hold their right to final desecration based on business needs. My argument then is why offer it to everyone in the first place? I did moan quite a bit when not receiving the redundancy, nothing rude just asking for official confirmation that i didn't get it because everyone had been told they were getting it and they didn't notify me either way. Then they said that that they didn't want to give me redundancy because i can't not be replaced internally. Only for me to resign and they replace me internally and then offer redundancy again. The whole argument was that they can't give redundancy to people who will have to hire someone new over. While a lot of people made redundant were in a whole department and other roles that the company could replace, well so they say. A lot of the work that the people made redundant were doing was passed to me, without official notification or pay rise.
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Bolded the important part.
If that's the official line they held and they have then (following your resignation) replaced you internally then you have a case for unfair dismissal.
 
Peerzy said:
Maybe they only offered redundancy to employees who;

turned up on time
don't sleep at work
don't drink at work

;)
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Haha

To be honest, if i was your boss i would quite happily pay to see you go through that door, especially considering you have managed to get yourself banned from even the daily mail website for controversial/racial comments. Considering this was done from your work computer, while at work... well your lucky you didn't get the boot after being so public about professional shortcomings.

OP, cut your losses. You may have had the wrong things said to you on one day at work but it seems you have been doing the wrong things at work for a while. Given all of this, you can imagine a case for fair dismissal wont be hard to make and not undeserved either. Hell, some of the things you have posted doing at work range from unreasonable to illegal depending on what you do for a living.
 
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