They have backdated my termination letter?

Bobbysocks

Dear all,

Hopefully someone may be able to help?

Today I received my termination of Employment letter. We had the consultation meeting on the 16th of Feb and I then heard nothing until an email in the evening on the 25th (despite being in the office all day - but talking face to face doesn't seem a strong point of theres) stating that a letter was in the post "confirming our discussions from last week and arrangements for March". So not actually a termination letter.

I knew what this meant but thought I'd wait for the letter. That has now arrived today the 27th Feb. The letter is dated the 23rd and postmark is the 25th but in the letter they state "my contractual notice period is one month and this will be effective from 20th february 2009", With my last day being the 20th March.

This doesn't seem right to me am I'm assuming the notice period would have to start today e.g. a month from the 27th Feb - it will cost me a weeks wage afterall.

Does anyone know the legalities of this. Im assuming they are wrong? if that is the case is it a case of us all agreeing that the date is put back to the 27th or can I go for the jugular a bit more and exert some pressure on them. I was happy to walk away but the whole lack of communication, their attitude and what appears to me to be trying to pull a fast one has left me a little bitter and would like to ensure I take what is rightfully mine. Sorry if that makes me sound bitter and twisted but at this moment in time thats exactley how I'm feeling.

Many thanks.

Bob.

Bobbysocks

Just to add to this I have spoken to a friend who seems to know more things about the world of HR (well more than me)and they stated that this is not correct and is unfair.

They also mentioned that informing me of redundancy via a letter is a breach of procedure and should be undertaken in a face to face meeting. Can anyone confirm this please?

If my employer is wrong on both counts (date and informing method) does anyone know bests steps forward? I'm assuming that I should lodge my appeal to my employer via writing. Being ignorant in these things it appears to me that they haven't done much wrong, should i just get them to rectify the date, do 4 weeks work and leave or is it worth me kicking up a fuss both morally and financially. If they come back to me and admit to wrongdoing could I negotiate my leaving e.g. a few weeks more paid time and going on gardening leave or should I just be greatful do 4 more weeks work and leave.

Many thanks for your time

BlueIsTheColour

In a redundancy situation an employer does have obligations, these can vary depending on how many people are being made redundant, if its less than 20 there is no obligation to offer a consultation process, but best practice would say they should, however a conversation advising they are at risk can cover this.

Once this has happened, the employer should send a letter inviting the employee to a meeting to discuss the situation and posibly advise on any outcomes. This meeting should then be followed up with written confirmation of the outcome, giving the employee the chance to appeal the decision. You should also be offered the chance to be accompanied at the meetings.

You should then be offered an appeal meeting and the outcome in a letter.

If these steps havent taken place, it could be that the dismissal is automatically unfair, as redundancy is classed as a dismissal and therefore statutory procedures do apply.

HTH

olly300

Bobbysocks I sent you a pm on a method you could use because you are happy to walk away.

However if you want to take it further than this then this ignore my pm and first have a read of ACAS pages http://www.acas.org.uk/index.aspx?articleid=1461

Then if you are in a union contact a rep. If not contact a either an employment specialist at the CAB or your local legal centre.

Bobbysocks

Many thanks all for the advice. I hope you don't mind but there has been an advance and it has left me with a further question.

I contacted my employer and they said yes we will move the date to todays and a months notice will be paid from now. So all good there!!!

Prior to this conversation I spoke to ADAS and when i was relaying the situation to them (explaing the initial consultation meeting and then made redundant via a letter, despite being in the office) they said that there had been a breach of procedure here and redundancy should had been discussed in a termination of employment meeting follwed up by a letter - obviously I never had the meeting. ADAS said this may constuitue unfair dismissal. I'm assuming for breach of statutory procedures?

I would normally be happy to walk away, but I can't help feeling the original 3 week notice period was a cheeky attempt for them to save some money and felt it a little undeserving after 3 years good service. They also got my colleagues redundancy completely wrong in December and ended up with egg on their faces, one mistake I accept - but surely they learn and put procedures in place? I'm not the first and will probably not be the last.

If its a load a hassle and will eventually be worth a slap on the wrist for them and £30 for me then I'll let it lie. But part of me feels this is wrong and morally i should go ahead just so i can say if you are going to do this at least try and get it right. This is afterall a "Global HR director" responsible for 10,000+ people (who supposedly does this for a living?)and i can't help but feel they are trying to bully people. Without sounding like a child it's a case of "they started it". I would have gone but if they want to start playing silly games and acting in an unnacceptable manner then they have started on someone who is about to have alot of time on their hands;)

cheers everyone (the bitterness is starting to fade)