Redundancy & back dated letter sent to wrong address

Ben1982

On Wednesday (15 mins before going home time) I had been called to an unexpected meeting with my boss and "HR" (Small company so HR is basically my boss' (the CEOs) PA).
Boss said that he wasn't looking at making my role redundant. And he wanted me to basically go away and think about reducing my working hours (there was also potential for me to be taken on a consultancy basis instead - which from what I've been told is dodgy - i.e tax evading).
He wanted a follow up meeting with me on Thursday, but I could request an extension if I felt it was needed. On Thursday I requested an extension by email, to which he basically replied, "OK, we'll have it on monday".

Yesterday I get a phone call from my parents saying that they had a private and confidential letter for me at their house, I asked them to open it and read it out to me. It was from work, and I've picked it up from them today.
The tone of the letter is very different to the meeting, and is saying that they may need to make adjustments to my working hours, and failing that, my role could potentially be made redundant.
And I quote later in the letter:

If we were to conclude that your role was no longer required, then you would be at risk of being dismissed by reason of redundancy; unless the Company was able to make adjustments to your working hours.

The letter also confirms the meeting time on Monday.

On the letter going to my parents place, they've only had my parents address for 2 reasons: 1, "previous address lived at" for doing an Experian search on me, and 2, second next-of-kin/emergency contact.

A number of questions from me:

• I'm guessing I'm well within my rights to request a copy of the original minutes taken that would state that my role was not being considered for redundancy?
• Isn't notice supposed to be given in advance about meetings such as the one held on Wednesday, so the employee can make preparations?
• Can they follow through a redundancy based on not accepting a pay reduction? With this the role would still be classed as full time, just a 32 hour week instead of 40. Bearing in mind that in their contract they can change my working hours, with giving a month's notice. But it says nothing about pay.
• Is a letter that has been clearly backdated, and sent to the wrong address legit in this situation? They sent it via first class only and not recorded, so I could claim I never received it. (But I don't think that would help any legal situation).

A few of you may be wondering "Why don't you just accept the cut and do something else during the other 8 hours?", well there's a few reasons for that.

• I can't afford a 20% pay cut.
• I've been told by "HR" outside the meeting that it wouldn't be a 4 day week, but reducing the working hours each day, which makes it even less appealing.
• in combination with the above, the contract states that they can request you to work more hours as and when the company requires, so I'm worried they could use that clause to get us to stay until 5:30 anyway each day, so effectively working the same but for 20% less pay.
• If they decide to make me redundant shortly after the cut, I would be even worse off.
• There are no guarantees that the company will last, so if I took the cut, and the company only lasts 4 months either way, I would be a month's pay down.

Any comments and suggestions greatly received.

Ben

LittleVoice

So, they can make you redundant - if they require less work of whatever type you do then that fulfils the requirement for legitimate redundancy.

If they did that and did not use your services on a consultancy basis, would you find it possible to get another job in the timescale allowed for by your redundancy pay?

Ben1982

LittleVoice wrote: »

So, they can make you redundant - if they require less work of whatever type you do then that fulfils the requirement for legitimate redundancy.

My level of work would be the same as it was ~ 9 months ago, surely if that level of work has not changed, then that cannot be the case. I doubt they can use the point that they could get someone cheaper to do the same role as an excuse to make me redundant?

LittleVoice wrote: »

If they did that and did not use your services on a consultancy basis, would you find it possible to get another job in the timescale allowed for by your redundancy pay?

Well notice period is 2 months, and not sure what the redundancy pay would be on top of that at the moment, I don't have my contract to hand so can't check that at the moment.

LittleVoice

Could someone else who is already employed by them do the work instead of you? If so, they could use "bumping" so that the other person does the work and you are redundant. Though people think it is the job that is made redundant rather than the person, it is possible to move people round so that the work is done but by someone else. So it's not about getting someone else in but of using current staff in a different way.

Unless there is an enhanced company scheme, you would be entitled to just statutory redundancy pay. General quick calculation is one week's pay for each year of completed service - but it depends on your age too. And the maximum amount for the weekly amount is £350.) See the calculator here - http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html

Ben1982

LittleVoice wrote: »

Could someone else who is already employed by them do the work instead of you? If so, they could use "bumping" so that the other person does the work and you are redundant. Though people think it is the job that is made redundant rather than the person, it is possible to move people round so that the work is done but by someone else. So it's not about getting someone else in but of using current staff in a different way.

Gladly, no. They're doing that with another department, but with mine, it's just really me.

LittleVoice wrote: »

Unless there is an enhanced company scheme, you would be entitled to just statutory redundancy pay. General quick calculation is one week's pay for each year of completed service - but it depends on your age too. And the maximum amount for the weekly amount is £350.) See the calculator here - http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html

Thanks, looks like I'm not entitled, since I haven't been employed for more than 2 years.