Basic rights at work & Redundancy

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Comments

  • Hi folks

    Can I make a request that this thread is only used for people to ask a question and for the official CAB representative to reply.

    It's great that so many want to try and help answer questions but we would like to keep the sticky threads as official as possible.

    This doesn't apply to non sticky threads in the CAB board where any replies you are able to give are appreciated.

    Thanks all
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  • Hi

    I was made redundant at the end of April 2012 due to the company relocating and needing less staff. Just before the redundancy, staff were asked if they could stay a further month (end of April). Me and my family were moving house on 11th May and I asked if I could work up to that date and was told it was all of May or nothing. Obviously, moving house is time consuming so I made the decision to leave at the end of April. I was told that if any job opportunities arose within the company, they would contact those made redundant.

    On 13th June, the company contacted me asking me if I was employed and if not, would I be interested in going back as the new unit was struggling and that the place where I worked would be staying open for the foreseeable future. At that time I was still out of work and said I'd be happy to return. The date given was 18th June and everything was sorted for my return except what shift I'd be going on to and that would be confirmed. I received a call on 15th June saying that unfortunately, the Operations manager had put a block on me returning.

    I emailed HR and the Group Operations director asking why this had happened. The reply was that an investigation would be opened. This took a while and I received a reply from HR on 2nd August stating that the person who contacted me didn't have the authority to offer me a job as this was all done via HR, even though I was told originally that they had been consulted. Also, it was said that the company found it easier to have temp staff as it was less time consuming for HR to do the admin and payroll!!

    Basically, what I'm trying to explain is that my job title is not redundant as the factory is still open as well as the new unit, which is also taking agency workers. I have also found out that the new unit needs more permanent staff to cover a night shift. The selection process for redundancy was done on a scoring process and I was the person with the highest score not to be kept on. When I left I was told that the people leaving with the highest scores would be contacted if jobs arose.

    Do I have a case to present to them about the situation?

    Sorry if it looks like I'm making no sense but I really want to find an answer.
  • Hi,

    My holiday entitlement (25 days at 8 hours plus 8 days stat) runs from Sep - Aug. I used some before going on maternity leave and I have now returned to work.

    I have reduced my working hours from 40 to 24 upon my return after 8 months maternity.

    I am a bit confused as to how the holidays should be calculated. I thought I would accru 8 months of holiday at 40 hours and then have 4 months holiday at 24 hours and a pro rata of bank holidays.

    I can find information to say the holidays accru whilst you are on maternity leave and at the hours you were on but my employer has calculated them at my changed hours. Who is right and can I find any paperwork to support myself if I am correct?

    Much Appreciated.
    £2 Saver # 40 & SPC # 1465 & VSP # 94 £101.47/£100
    Pay One Debt 2012 # 25 £480 / £4000
    Personal Targets - Mum £70/£1820 :o

    Aim to be DEBT FREE December 2014
  • amiga1
    amiga1 Posts: 38
    First Post First Anniversary Combo Breaker
    Forumite
    On Monday August 6 I was given a letter informing me that I am to be made redundant as of August 18. I have been employed with the company since May 2009; am I correct in thinking that the redundancy notice is far too short?
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hi

    I was made redundant at the end of April 2012 due to the company relocating and needing less staff. Just before the redundancy, staff were asked if they could stay a further month (end of April). Me and my family were moving house on 11th May and I asked if I could work up to that date and was told it was all of May or nothing. Obviously, moving house is time consuming so I made the decision to leave at the end of April. I was told that if any job opportunities arose within the company, they would contact those made redundant.

    On 13th June, the company contacted me asking me if I was employed and if not, would I be interested in going back as the new unit was struggling and that the place where I worked would be staying open for the foreseeable future. At that time I was still out of work and said I'd be happy to return. The date given was 18th June and everything was sorted for my return except what shift I'd be going on to and that would be confirmed. I received a call on 15th June saying that unfortunately, the Operations manager had put a block on me returning.

    I emailed HR and the Group Operations director asking why this had happened. The reply was that an investigation would be opened. This took a while and I received a reply from HR on 2nd August stating that the person who contacted me didn't have the authority to offer me a job as this was all done via HR, even though I was told originally that they had been consulted. Also, it was said that the company found it easier to have temp staff as it was less time consuming for HR to do the admin and payroll!!

    Basically, what I'm trying to explain is that my job title is not redundant as the factory is still open as well as the new unit, which is also taking agency workers. I have also found out that the new unit needs more permanent staff to cover a night shift. The selection process for redundancy was done on a scoring process and I was the person with the highest score not to be kept on. When I left I was told that the people leaving with the highest scores would be contacted if jobs arose.

    Do I have a case to present to them about the situation?

    Sorry if it looks like I'm making no sense but I really want to find an answer.

    Hi

    The issue here appears to be the redundancy selection procedure and subsequently the actions of various staff members involved in the process. There is useful information at www.adviceguide.org.uk-
    work>work comes to an end>redundancy>redundancy - procedures you employer must follow

    The ACAS website also has extensive information on Redundancy & Notice. www.acas.org.uk
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hi,

    My holiday entitlement (25 days at 8 hours plus 8 days stat) runs from Sep - Aug. I used some before going on maternity leave and I have now returned to work.

    I have reduced my working hours from 40 to 24 upon my return after 8 months maternity.

    I am a bit confused as to how the holidays should be calculated. I thought I would accru 8 months of holiday at 40 hours and then have 4 months holiday at 24 hours and a pro rata of bank holidays.

    I can find information to say the holidays accru whilst you are on maternity leave and at the hours you were on but my employer has calculated them at my changed hours. Who is right and can I find any paperwork to support myself if I am correct?

    Much Appreciated.

    Hi

    You say you have accessed information regarding how holiday entitlement accrues during maternity leave. The resolution of you problem may depend on when you and your employer agreed on the revised hours of working. As this could be complex we suggest you contact your nearest CAB - details can be found on www.adviceguide.org.uk - on the right-h side of the home page click on Get Advice and put in your postcode.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    amiga1 wrote: »
    On Monday August 6 I was given a letter informing me that I am to be made redundant as of August 18. I have been employed with the company since May 2009; am I correct in thinking that the redundancy notice is far too short?

    Hi

    Statutory notice (what the law states as the minimum) is 1 week for each complete year of service up to a maximum of 12. Contractual notice can be more generous, but it cannot be worse.
    So, if you began your employement 01/05/09, by 01/08/12 you would have completed 3 years of service and thus be entitled to 3 weeks notice.

    There is useful information on Redundnacy on www.adviceguide.org.uk

    Follow the links from the home page (England): Work>Redundancy>
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Curlybing
    Curlybing Posts: 35 Forumite
    I would really appreciate some redundancy help / advice please.

    There has been talk of voluntary redundancy at my place of work (NHS), I have been advised I would get approx £19,500. I really want to retrain and go into mental health nursing as a mature student; this would be the perfect opportunity for me :T BUT I have an IVA which was started in January 2012.

    Can anyone advise me what would happen if I took redundancy, would I have to pay off what I owe (around £13,000). Idealy I would like to use the money to fund my training and apply for a bursary once this had run out.

    I havent spoken to my debt management company about this yet as firm redundancy decisions have not yet been made. I kind of want to keep all options open but my long term goal is to re-train to better myself and this seems like the right time to do it. I have thought about bankcrupcy but you cant be declared bankcrupt if you are a nurse (apparently!)
    Will be debt free on 28th January 2017 :j
  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Curlybing wrote: »
    I would really appreciate some redundancy help / advice please.

    There has been talk of voluntary redundancy at my place of work (NHS), I have been advised I would get approx £19,500. I really want to retrain and go into mental health nursing as a mature student; this would be the perfect opportunity for me :T BUT I have an IVA which was started in January 2012.

    Can anyone advise me what would happen if I took redundancy, would I have to pay off what I owe (around £13,000). Idealy I would like to use the money to fund my training and apply for a bursary once this had run out.

    I havent spoken to my debt management company about this yet as firm redundancy decisions have not yet been made. I kind of want to keep all options open but my long term goal to re-train to better myself and this seems like the right time to do it. I have thought about bankcrupcy but you cant be declared bankcrupt if you are a nurse (apparently!)


    Hi

    This is actually a debt question , not employment but in any event if you do receive the redandancy payment this is something that the IP would need to be informed about.

    The IVA itself my also contain a provision for what happens in the event of a change in circumstance so you should examine it to see what it says.

    Suggest that you also contact the insolvency service helpline and pose the theoretical question. Their number is detailed below :

    Insolvency Enquiry Line: 0845 602 9848 (Monday to Friday from 8.00am to 5.00pm)
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • I work for the county council and have been given my notice of redundancy. My last day will be 1st Sept 2012. I have expressed interest in redeployment but there has been no support and I'm running out of time!I took out a loan two years ago £125 per month. 8 years left to go!! Even though I have applied for other jobs I am concerned that within two weeks I will be unemployed and may have to receive JSA. How to I possibly pay off the loan and other bills on £60 per week. I pay rent and council tax. My current outgoings are £900 per month on rent and bills. I live on my own and have already made all the cutbacks I can. I do not have any credit cards. Can I freeze the loan payments?

    Hope you can help

    Thank you
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