Redundancy help

[smallpauldj]

Hi all, I recently got made redundant and wondered if everything was all ok with it and I know someone on here will know.

I never suspected anything and before my week off in holiday got the usual see you in a weeks time off the manager. During my hol letter arrived saying I'm being made redundant no call or anything. Before my hol got my mate a job there difference being he drives a truck and I'm just in a van, only other thing of note is they advertise at our very own walkers stadium which isn't exactly cutting costs is it?

Any help if there has been any wrong doing would be appreciated

[AoWW]

What notice period was stated in your contract?

[cambridgefox]

As AOWW has said things like breaches of contract will go in your favour.

Do you have a copy of your contract?

Have you booked an appointment with the Citizens advice bureau,they will run through any emploment problems.

Sorry i cant be of more help.

[smallpauldj]

I was given 2 weeks notice in the letter they sent me which is fair enough as I dont have to work it I was there 2 years so have no probs with the notice

[smallpauldj]

I never received a copy of a contract to my knowledge I'll have to dig around to see if I have anything

[AoWW]

I was given 2 weeks notice in the letter they sent me which is fair enough as I dont have to work it I was there 2 years so have no probs with the notice

Sorry, I'm confused. What, exactly, are you querying then?

[cambridgefox]

Sorry, I'm confused. What, exactly, are you querying then?

Youre off tomorrow due to industrial action are you not?im sure you will only get bored at home,perhaps you can sort this redundancy saga out

[davieG]

I always though that when you are 'made redundant' they have to warn you and give you notice that your job is at risk, I'm amazed that they can send you letter saying you're out in 2 weeks.

I'd suggest you take a look at this site - http://www.businessl...icId=1074019927 it explains the rules employers have to follow.

This explains if there is less than 20 people - http://www.direct.go...ncy/DG_10026616

and here http://www.direct.go...ncy/DG_10029835

Which gives every indication that you should at the very least receive consultation re the redundancy and not just a letter in the post.

Best of luck with it and finding a new job.

[hairy]

OK

they should have made you aware your position was at risk of redundancy.

They should have held a meeting with you which you should have had time to prepare for (usually a week) to discuss ways in which the redundacy could have been avoided (i.e. alternative employment opportunities such as driving a truck not a van assuming you dont need training for it). After the meeting they should have considered what was discussed (usually about a week) then if they rule out all of your suggestions you are made redundant.

[DANGEROUS TIGER]

Sorry to hear about this. Did they give you a reason for making you redundant.?

You should have signed a contract when you were employed, stipulating how much notice they require to give you.

Follow Davie G's advice, it is good.

The very best of luck to you, for the future.

[smallpauldj]

I went on the site Davie g went on which is why I posted this on here. I had no idea it was going to happen until the letter came when I was off on a hol. The reason was due to lack of work on the vans however if they offered voluntary redundancy I know of at least 3 van drivers that would of took it it's just the manager is tight and won't pay out someone who has been there 9 years etc. I have most the drivers phone numbers and even they don't see how just me going saves him money esp as he started a truck driver last Monday who would be on more money than I was

[AoWW]

I'm not saying that what your boss has done is ethical - far from it, it seems highly unprofessional, but if you're going to follow it up you need to be very clear regarding what you say and what you're asking for. What you see as 'tight' he probably just sees as good business - it wouldn't make sense for him to offer voluntary redundancy (and 'suffer' the associated costs) if he can lay you off with little come-back. Harsh, I know, but that's life. I fail to really see what relevance him hiring another truck driver has. Presumably there's more business for the trucks than there is for the vans - in which case is simply boils down to supply and demand, unfortunately. I'm assuming you don't have the skills/qualifications to be a truck driver and that's why he had to recruit someone else rather than offer the position to you?

I admit, writing to inform you of your redundancy while you were away and with no consultation is shoddy practise but if, as you suggest, you didn't even have a contract I'm not sure there's a lot you can do about it. As I say, though, if you're intending to 'have it out' with your boss make sure you state your case calmly, clearly and concisely - he's not going to care that you have other drivers' phone numbers, for example, and that they don't see how his decision is makes good business sense - they're not in charge... he is... simple as. As cambridgefox suggested it'd probably be worth speaking to Citizens' Advice and seeing what they reckon.

Good luck and hopefully you find something else soon.

[hairy]

he started a truck driver last Monday

You could get him on the fact he did not offer you this job to avoid the redundancy.

You can file for a tribunal yourself online. It costs £70. For him to then get legal representation for a tribunal will cost him around £3000. If the bloke has any sense he would offer you some money to drop the case i.e. £1000+

I should tell you I have had to make a lot of people redundant over the years and know the full ins and outs. He has not consulted with you and he has not tried to avoid the redundancy so you have every right to take him to tribunal.

[davieG]

You don't have to have physically signed a contract to have a contract of employment, they will/should have a 'standard' one or failing that it will be based on custom and practice so for example if the other van drivers are all on a weeks notice or that's what has been the custom and practice in the past then that's what will apply to you.

Contacting the CAB is an excellent idea assuming they still exist or have the resources to see you.

[Jon the Hat]

You could get him on the fact he did not offer you this job to avoid the redundancy.

You can file for a tribunal yourself online. It costs £70. For him to then get legal representation for a tribunal will cost him around £3000. If the bloke has any sense he would offer you some money to drop the case i.e. £1000+

I should tell you I have had to make a lot of people redundant over the years and know the full ins and outs. He has not consulted with you and he has not tried to avoid the redundancy so you have every right to take him to tribunal.

However, don't expect a reference if you do. You have to balance the pros and cons of these things.

[hairy]

You don't have to have physically signed a contract to have a contract of employment, they will/should have a 'standard' one or failing that it will be based on custom and practice so for example if the other van drivers are all on a weeks notice or that's what has been the custom and practice in the past then that's what will apply to you.

Contacting the CAB is an excellent idea assuming they still exist or have the resources to see you.

He has what is termed an implied contract. As long as he can prove through wage slips or the like that he was employed for over one year than he has employment rights set by employment laws.

You should get one weeks notice for every year worked up to a maximum of 12.

[hairy]

However, don't expect a reference if you do. You have to balance the pros and cons of these things.

You can get them to right in the severance agreement that they are bound to give a reference when required or even better still have a reference attached to the severence agreement with agreed wording.

[AoWW]

He has what is termed an implied contract. As long as he can prove through wage slips or the like that he was employed for over one year than he has employment rights set by employment laws.

You should get one weeks notice for every year worked up to a maximum of 12.

He was given 2 week's notice, though.

[stix]

I didnt think an employer was allowed to employ anybody within 90 days of anouncing redundancies?

May of dreamt it mind!!

[AoWW]

I didnt think an employer was allowed to employ anybody within 90 days of anouncing redundancies?

May of dreamt it mind!!

A company can take on new staff, as long as it's for a different position, eg, he couldn't be directly replaced.

[stix]

A company can take on new staff, as long as it's for a different position, eg, he couldn't be directly replaced.

Ah ok, and because(i am presuming) the OP was unable to drive the truck, he was unable to be moved to this position, which in turn allows them to still employ.

[hairy]

He was given 2 week's notice, though.

he had worked there two years hence two weeks notice

[AoWW]

he had worked there two years hence two weeks notice

I'm completely missing your point.

[hairy]

A company can take on new staff, as long as it's for a different position, eg, he couldn't be directly replaced.

Even then you can employ someone doing exactly the same if you can prove your workload changed i.e. a new order came in as long as its outside the notice period as they are still deemed to be employed during their notice period.

[hairy]

I'm completely missing your point.

My point is he must have worked there two years to get two weeks notice. Therefore he has worked there more than one year and has full employment rights and the rights to a proper redundancy procedure.