Confusing Reduancy situation

Pete111

Oh dear not great re the previous employee. Looks like their luck has just run out....

Definately try to get union legal support if possible. Even if you can't your first step is to get your OH to appeal the redunancy following fridays meeting. You should always try to follow due process, (even if the company do not) as this will stand you in good stead at tribunal should it get that far

Re the meeting I would be tempted to draw some more errors out of them.

Get your OH to ask the questions below:

1) Is this meeting part of the consultation given I have been off sick?
2) H as the consultation finished? If so when did it finish?
3) Am I redundant now? Can you tell me what date I was formally made redundant?
4) Can I apply for other roles?
5) Is there any chance I can change the redundacy situation now?
6) Do you have any confirmation in writing of this that I could have?
7) What about my notice? when did this start? Am I being paid this in leiu?
8) Will I be paid for accrued but untaken holiday?

There are others but I bet they will make a mess of several of those....make sure he takes notes or even better, gets confirmation in email.

Pete

bendix

What sort of company is it?

RubyRue

Its a small building merchants, think it has about 40 employees, the others are classed as self employed.

Thanks Pete some really useful questions, can he take a fellow employee in with him, thinking it might be good to have a witness to proceedings.

LinasPilibaitisisbatman

No doubt your OH will get a letter dated the 22nd soon. Its unfortunate he is off but tbh I dont really see what can be gained here.

Its unfortunate your OH didnt get his letter first but I dont think anything wrong has been done. Its just lacking professionalism.

RubyRue

LinasPilibaitisisbatman wrote: »

No doubt your OH will get a letter dated the 22nd soon. Its unfortunate he is off but tbh I dont really see what can be gained here.

Its unfortunate your OH didnt get his letter first but I dont think anything wrong has been done. Its just lacking professionalism.

I understand what you are saying but how can they make someone redundant without consulting them or officially telling them they are redundant prior to announcing that they are definitely leaving?

LinasPilibaitisisbatman

They will probably simply state due to his absence it was only possible to notify him by post and due to uncertainty in the office they had to announce it simutaniously.

Secondly It sounds like the company decided that there were no alternatives so consultation would have been a conversation explaining why.

I certainly agree its very poor form from the company etc but think really that nothing would have been different so he just needs to move on.

RubyRue

Sorry I have a few more queries, we've just found out that they are running the final payroll for those that they have said are leaving this Friday, same day as his meeting.

I'm assuming then this means that come Friday that in their eyes OH is no longer working for them?

Aren't they supposed to tell you what the redundancy package is, notice period etc (he's worked there for 7 years)?

We haven't been told anything and from what we've been told they have said they are following the correct process.

LinasPilibaitisisbatman

He will likely be told all this on Friday. You cant expect them to stop their activities because your husband is off on sick.

One might suggest if he is well enough to get all these updates he is well enough to contact his boss and ask for all the info now

RubyRue

LinasPilibaitisisbatman wrote: »

He will likely be told all this on Friday. You cant expect them to stop their activities because your husband is off on sick.

One might suggest if he is well enough to get all these updates he is well enough to contact his boss and ask for all the info now

First of all he is not my husband and second of all he already has.

I haven't said I expect them to stop their activities, the great machine runs whether we are on board or not, I do however expect them to follow the rules, as employees we are all expected to follow whatever rules and legislation govern us and face the consequences when we don't, the same should go for employers. Many will think that is a naive view and if it were the case there wouldn't be any need for employment tribunals, however if I picked which rules to follow and which ones to ignore I'd more than likely come to a very sticky end quite quickly.

As I said before, the OH already rang up the director on Monday to arrange to come in to see him asap to discuss the situation and offer alternatives and told him he would be happy to attend at any time. The director told him the soonest he could see him was Friday, going against the three days consultation they allocated.

The fact that the OH has been signed off sick is irrelvant, unfortunate timing, however I'm not saying it is an excuse for the OH to stick his head in the sand and he has been trying ever since to get a meeting or have a discussion with the director asap to find out what is going on. It is also not an excuse for the directors to ignore him when communicating out these important details especially when it concerns his own job. In the age of modern technology I find it very hard to believe that they have no way of contacting him, every single one of them has a phone and email.

The reason why I'm asking all these questions is I have never been through a redundancy situation (touch wood) and neither has the other half and I believe it would be very foolish to approach this without understanding the proper procedures and processes, ignorance is not a defence. If they are doing things by the book then fine, its unfortunate that OH will be made redundant but not a shock in this currently climate, but if they are doing it incorrectly then what gives them the right to ignore the correct processes.

Pete111

Some fair points raised by LPB re business continuity. However, I strongly disagree that this is not worth pursuing. You have a good argument here re breach of process (if upheld these are worth a fair bit at tribunal) and taking it to appeal costs absolutely nothing.

Use the questions I wrote earlier in the meeting on Friday and yes, get a colleague to accompany your OH.

After this you will be better placed to put together the appeal. Any news on the union legal assistance? This would be of use.

Finally yes, they will need to confirm things in writing re the redundancies - being told verbally is not good enough as they are ending a contract.