Redundancy question

[Sheaf Saint]

I hope someone on here can help me, I know there are a few experts on employment law on here. I've had a look on the ACAS website but it's unclear.

 

I have been told I am being made redundant at work and I am due to have a meeting with my MD tomorrow when I will be formally notified of redundancy. But I'm not convinced the correct procedure has been followed.

 

I am one of two people in the department who both have identical job titles, and I have been told that the company has completed a skills matrix and based on the fact that I earn significantly more than the other guy who is a lot younger and less experienced than I am, that I have been selected for redundancy. There has been an informal (ie - not notified in writing at all) consultation period of about a week, the result of this is that the company has not been able to come up with any ways of remedying the situation and they intend to press ahead with the proposed redundancy (me).

 

Now, I was in a similar situation once before and my question is this... Should the company have also notified the other guy in the department that one of us was to be made redundant and then invited us both to apply for the one remaining position?

 

Also, should I have received written notice of the consultation period and the proposed selection process?

 

Any advice gratefully received.

[benjii]

I can't remember the statutory specifics but they are under a duty to consult properly, to follow a fair selection procedure and also to try and find you alternative employment. The role also needs to be genuinely redundant of course!

 

They should also follow their own internal procedures - which might state something like "we will try to find you an alternative role within the organisation, redundancy is a last resort etc".

 

Do you have at least one year's continuous service? If not, you have no protection from Unfair Dismissal unfortunately. You would still be protected from discrimination (on the ground of age, for example) though.

 

There's plenty of free employment advice out there.

 

You could try the CAB as a starting point (although I wouldn't always take their advice as gospel). Are you a member of a union? If so they should be able to put you in touch with law firms.

 

I'm not going to recommend any firms by name but if you search you'll find some decent law firms who will give you free advice regarding whether you have a case.

[Jillyanne]

http://www.acas.org.uk/index.aspx?articleid=747

 

Seems that if a company has 50 or less employees there is no law - ask DSM but that is my understanding.

Edited 27 August, 2008 by Jillsaint

[exit2]

http://www.roydens.co.uk/content37.htm

 

 

Dont go in there shouting the odds either. If he hasnt followed the correct procedure then you can have him at tribunial court.

[Sheaf Saint]

Thanks Jill and Exit2. Some useful information there.

 

I'm going in for my meeting with the MD in about 20 mins and I'm not sure how to handle this. I can either make it clear to him that I'm not satisfied that the correct procedure has been followed and demand that an independent review be carried out before I agree to anything, or I can just accept it (I know there is no chance of saving my job either way) and then make a complaint to an employment tribunal afterwards.

 

What would you guys do?

[Gemmel]

Thanks Jill and Exit2. Some useful information there.

 

I'm going in for my meeting with the MD in about 20 mins and I'm not sure how to handle this. I can either make it clear to him that I'm not satisfied that the correct procedure has been followed and demand that an independent review be carried out before I agree to anything, or I can just accept it (I know there is no chance of saving my job either way) and then make a complaint to an employment tribunal afterwards.

 

What would you guys do?

 

They will almost certainly ask you to sign something (If you accept the redundancy offer) that will mitigate them from any reprisals

[Sheaf Saint]

They will almost certainly ask you to sign something (If you accept the redundancy offer) that will mitigate them from any reprisals

 

So if I sign this acceptance, will that prevent me from being able to make a complaint to a tribunal?

[stevegrant]

They will almost certainly ask you to sign something (If you accept the redundancy offer) that will mitigate them from any reprisals

Yep.

 

If at all possible, do not accept or reject anything in this meeting. Make it clear that you wish to have time to read through their offer carefully and that you wish to discuss it with an employment solicitor. They may even offer to pay for this (can be quite expensive - I [or rather my former employer] paid £300+vat for 2 hours' work) to ensure that there is no scope for any claim after you've signed it.

[exit2]

I asked our HR/ Legal team this is what they said based on what you have said

 

"Your friend has not been strictly dealt with in accordance with employment law:

 

Although the period of consultation is not determined e.g. one week can be seen as acceptable, he should have been informed, in writing, that his job was at risk, in the first instance and setting out the reasons why this situation has developed. The colleague who has a comparable position should also have received a similar letter.

 

There is mention of a skills matrix and your friend has the right to see that and to be able to comment on the scoring.

 

As this is a redundancy situation, the management team can decide who stays and goes providing there is a clear justification of their choice.

 

If he believes he has been selected solely on the fact that his salary is more than the other person's he certainly has a case for unfair dismissal. If the salary element is a real problem to his organisation there are ways that this can be managed e.g. the management team might have approached him and 'ring fenced' his salary for a specific period, or he may have volunteered to take a pay cut in order to retain his job.

 

When he meets with his MD today, he should be offered the opportunity to be accompanied and the right of appeal"

[70's Mike]

They will almost certainly ask you to sign something (If you accept the redundancy offer) that will mitigate them from any reprisals

 

I thought you only had to sign a Compromise Agreement IF you were offered something above the statutory payments

[Guest Dark Sotonic Mills]

Salary should never form part of the decision matrix. There would certainly be a case to answer should this proceed to an unacceptable conclusion.

[Sheaf Saint]

Thanks for all the comments people. Much appreciated.

 

I had the meeting with the MD this morning and he has told me that I will be required to work until the end of play tomorrow and then I will be paid until the end of september during which time I will not be required to come in to work. We discussed the situation reasonably, and I accept that there is nothing I can do to save my job. I think there are certain anomalies in the procedure that they have followed, but the MD is a very reasonable man and was very honest and open with me about the situation, so I gave him my word I will not pursue any legal action regarding this. It's just not worth it - I will still be out of a job and it will only cause me a lot more stress and I am already under enough as it is.

 

He could have forced me to work my notice, or he could have demanded that I return my company car immediately. If I had continued with my threat of legal action he could easily have become unreasonable and I don't want to leave on bad terms with everybody.

 

Thanks for all your help. Anybody got any jobs going?

[Jillyanne]

Thanks for all the comments people. Much appreciated.

 

I had the meeting with the MD this morning and he has told me that I will be required to work until the end of play tomorrow and then I will be paid until the end of september during which time I will not be required to come in to work. We discussed the situation reasonably, and I accept that there is nothing I can do to save my job. I think there are certain anomalies in the procedure that they have followed, but the MD is a very reasonable man and was very honest and open with me about the situation, so I gave him my word I will not pursue any legal action regarding this. It's just not worth it - I will still be out of a job and it will only cause me a lot more stress and I am already under enough as it is.

 

He could have forced me to work my notice, or he could have demanded that I return my company car immediately. If I had continued with my threat of legal action he could easily have become unreasonable and I don't want to leave on bad terms with everybody.

 

Thanks for all your help. Anybody got any jobs going?

 

Loads, what do you do?

[Hatch]

Can't offer any advice, but good luck with whatever happens.

 

I was made redundant 4 years ago, thought it was the end of the world, but got a new job within 2 weeks with 50% salary increase.

So things could work out for the good.

[Deano6]

Anybody got any jobs going?

 

Can you cut grass?

[Ajv2809]

Anybody got any jobs going?

 

Or wash cars?

[Viking Warrior]

do you still need anyadvice if you do then pm me. im a personnel professional.It depends what sort of organisation your with and length of service re your legal rights. if it is for economic reasons then it could be deemed as fair however the fact they have chosen a male could potentially sex discrimination. its all about the criteria they have used to determine who stays and who goes. Seems a bit odd the way you have been selected. mike

[Minsk]

Sorry to hear about the redundancy. I hope you get a good package and find something even better very soon.

 

P.S. If you have second thoughts about pursuing legal action don't feel guilty about going back on your word, especially after you have given back the company car.