Redundancy rights?

scorza said:
Maybe ring a union and see if they'll represent you if you join (approx £90 a year).
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Having just been in a similar situation I know from recent experience that as this has already happened you cannot get union assistance or representation for this incident.

Best advice has already been given - contact a solicitor, not the CAB. You may be able to get a phone consultation which wont cost anything. You only pay if you take it further with them.
 
Luke said:
Having just been in a similar situation I know from recent experience that as this has already happened you cannot get union assistance or representation for this incident.
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Yeah, 99.9% of unions have a clause stating that you cannot be given assistance on an issue that occured prior to you joining.

Too many unions have been scammed in the past i.e. someone joined, used £1000's of legal resources to fight an issue then promptly left once the issue was resolved.

Many unions even have a 3 month qualifying period before you can avail yourself of thier services.
 
I believe most unions want you to be a member for x amount of months before you can seek their assistance.

I'd read through your contract and staff hand book just to clarify there's nothing in there that means they can just get rid of you i.e. like a contractor. Plus it's always good to use parts of your contract as ammo to back you up as there's nothing they can do if it's in writing.

Looks like you've been there long enough to receive redundancy pay.

The amount of statutory redundancy pay you can get depends on a number of things. These are:

1. how long you've worked for your employer
2. your age
3. your weekly pay.

You have the right to:

1. half a week’s pay for each complete year of employment when you were below the age of 22
2. a full week’s pay for each complete year of employment when you were between the age of 22 and 40
3. a week and a half’s pay for each complete year of employment when you were above the age of 41
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If your employer fails to pay you redundancy pay, or claims you don't have the right to redundancy pay, you should ask your employer for the payment in writing. You must write within six months of the date your employment ends. This applies both to statutory redundancy pay and contractual redundancy pay. If they still don't give you the payment, you can make a claim to an employment tribunal. However, you only have three months to make a claim to an employment tribunal if:

1. you also want to claim unfair dismissal
2. you also want to claim discrimination.
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MW
 
You have worked for the company for a period of 12 months or more, which means that you have employment rights, with any redundancy situation your company has to consult with you (this is a legal obligation on their part)

The number of proposed redundancys will ultimately affect how long this consultation process lasts for. (At least 30 days before the dismissal takes effect if 20 - 99 employees.) If it is just yourself this is negotiable, but the company have to demonstrate that they have consulted meanigfully with you.

If after consultation they still plan to make you redundant then you are then obviously entitled to notice which will be in accordance with your Terms and Conditions of employment.

Hope that helps... they havent followed due process from what your telling me, a quick chat doesnt constitute meaningful consultation, they have to write to inform you of the proposed changes.
 
You will get payment in lieu of notice. In effect, gardening leave.
I was under the impression that the first 2 years of employment do not count toward redundancy payments, it is often quoted, can anyone confirm, clear up, or deny this?
 
Your situation is going to be complicated by the fact your hours have been a bit irregular, but unless you have a contract in which you knew the employment would come to an end (e.g. annually renewable) then you'll have redundancy pay entitlement. You should also get any holiday you're owed (pro-rated).

They may try to claim the employment wasn't continuous (because you worked under different terms), and thus aren't entitled. You'll have to seek advice if this happens.

Go in with a professional attitude and take notes. Seek advice if you get nowhere (CAB and/or ACAS are a reasonable starting point for advice - they should at least tell you where to go next). At the very least, it sounds like they haven't done a personal consultation (though that could be what you get tomorrow).
 
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PhillyDee said:
I was under the impression that the first 2 years of employment do not count toward redundancy payments, it is often quoted, can anyone confirm, clear up, or deny this?
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Denied

You are not automatically entitled if your current employment has lasted for less than 2 years. Once you have worked 2 years, all of your employment (up to a maximum of 20 years) counts.
 
Berserker said:
Denied

You are not automatically entitled if your current employment has lasted for less than 2 years. Once you have worked 2 years, all of your employment (up to a maximum of 20 years) counts.
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Cheers for that. It is an oft quoted 'fact'.

Robbie G said:
All we know is that he was given ten minutes notice to leave the building and not come back.
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I have been places where redundancies have been done, and usually its an announcement that they are going to review with the possibility of redundancies. Then its the letter informing that you may be made redundant. Then its the actual announcement / meetings / P45 handing out ceremony.
Companies would not go to this sort of lengths unless they HAD to! They generally know from the first second who they are going to bladder. Due process is a fallacy!
 
stoke1863 said:
Hey guys just wondering if we had any experts on here. I was about to go ring my all company and unleash hell but i want to get some opnions from people.

Basically i have worked for this company since 2007. I did a whole year Full time 43 hours a week and then i changed to part time/ful ltime, where i would work 6 months of flexible part time hours and then when the uni term is finished i would do 6 months full time.

I did this up to my final year at uni (where i am now) and on Thursday at (4.50 PM YES 10 MINUTES BEFORE I FINISH WORK FOR THE DAY) My line manager told me the owner had him in the office and i was being made redundant with immediate effect.

No notice or letter or meeting. Just thanks for the 3 years dont let the door hit you on the way out. Now supposedly i am getting a letter posted. I had 10 days holiday booked from the 13th December as well.

Where do i stand in terms of my holidays and also the fact i was given no notice?
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If you're over 22 years old then you should get 3 weeks statutory redundancy pay and any accrued holiday pay. The Redundancy pay should not be taxable. As someone else said they may argue that you were reemployed on different terms going from full to part time which may complicate matters, check your contract and contact ACAS if they do this.

You also have a right to consultation, if this doesn't happen then you may have a case for unfair dismissal, again ACAS can help.

You are also entitled to pay in lieu of notice, your notice period will be set out in your contract as will any company policy on redundancy pay if any over the statutory requirements.

If you have no written contract then notice is usually a minimum of One Week for weekly paid and One Month for monthly paid, you are entitled to this whether it is worked or not as long as the employer doesn't require you to work a notice period.

Any hassle ACAS can help you:

http://www.direct.gov.uk/en/Dl1/Directories/DG_10010857
 
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