I've been put 'at risk' but I think unfairly!

pelirocco

why do some people post when they dont have a clue about employment law? ( i no i dont mean the ones advising the op that she hasnt been selected fairly )

annie-c

I am at a fairly advanced stage of tackling my own unfair redundancy selection and am negotiating a settlement at this stage as my employer realises they are in the wrong.

I can't go into detail as my case is not yet settled but I just wanted to pop in and wish you luck.

I borrowed the following book from the library: Employment Tribunals: Tactics and Precedents (Naomi Cunningham). It is very helpful not just for tribunal but also for helping you from the early stages of beginning a grievance or responding to unfair treatment by your employer. I also made google my friend and researched as much as I could on my own. Finally I received very helpful free initial advice from a solictor that I found online - a reputable firm who reviewed my documents and actually advised me that I was doing OK on my own and who I will only actually use for paid help with a compromise agreement (which my employer will pay for).

Hope this helps. Take care

getmore4less

pelirocco wrote: »

why do some people post when they dont have a clue about employment law? ( i no i dont mean the ones advising the op that she hasnt been selected fairly )

Not a very usefull contribution.

If you don't agee with something correct it so we all learn.

FairyElephant_2

Pete111 wrote: »

Out of interest do you work for a large company?

Yes, a fairly large one Pete - couple of years ago the original company (UK owned & based) was split into parts and sold - the bit I work for was bought by a French company who own stuff in lots of countries, but that doesn't seem to have had an effect on the way we work - managers etc. are all the same, just the logo on the letterhead has changed! We were all just passed over to the new company with our T&C's, length of service etc. intact. I guess it was TUPE, but we were never told that using that term.

Thanks annie-c - I will look up that book. as well as talking to ACAS, I have already done some googling, and spoken with a mate of mine who is an HR manager and pointed me in the direction of some useful info, so I am collecting a file of stuff!

Pete111

In which case they should have the resources to do things properly...which it is quite likely they have not done IMHO.

I would speak to HR to find out what they are planning to offer you as a redundancy payment and where this sits in relation to statutory minimums (or company redundancy payments if your firm has such a policy). If they are planning to offer you more on top of the minimum then they are likely factoring in the potentially flawed process and you need to consider whether this extra money is enough to mollify you

If not then your option is to appeal on the basis already mentioned when the redundancy is confirmed.

Good move re the book and your mate in HR BTW - get all the info you can before deciding next steps.

pawpurrs

Well I have just taken ex employer to tribunial over the same matters and one other and won, they clearly havent followed the correct procedures.

jos004

FairyElephant wrote: »

Thanks everyone.

Yes Jazzyman and dbuk - I have been here 3 years.

I spoke to ACAS and they agree with my main points: 1/ they must give me the criteria in writing, and 2/ the other employees doing the same job should be put 'at risk' at the same time. As I have raised both these points at the mtg and been told 'no' to both, I am not going to tell them again!

Thanks Pete111! Yes I agree - what I am aiming for is prolonging the process (while they carry out the steps they should have been taking!) and/or getting an extra payout. I know the writing is on the wall for me, but as I am currently 6 wks pregnant (not told work that yet!) I will have a harder time getting another job in the next few months, and won't be able to be working anywhere long enough to quality for maternity benefits from a new employer, so I am pretty stuffed! The best I can hope for is getting as much dosh out of them as poss. I guess.

Oh - and I was not told that I could bring anyone to the mtg last week. I was also not told at that mtg that I could bring anyone to subsequent mtgs, although when I asked they said I could take a colleague or TU rep (rich, as they don't officially recognise a TU!), although this was said somewhat begrudgingly!

To give 2 more examples of how bad they are at this....my supervisor knew nothing about it! I just spoke to her now (she was off on Friday) and still no-one has officially told her she's losing staff from her team! And she denies that there is 'spare capacity' in the rest of the team to take up my workload!
Also, the HR person dealing with this, having said at the mtg on Thursday 'you can give me call if you have any questions or want to talk anything over' - then went on holiday on Friday for a week! I couldn't get hold of her on Friday, and when I found out she was off I spoke to her supervisor, who confirmed the holiday and said that no-one was covering her work and I would have to wait until she got back - so nothing in writing for another week, and no-one to address my questions to.......Shambles or what?!?!?!?!?!?!

Sounds like a sham redundancy to me. Your perfectly entitled to take somebody in with you to the meetings. Your entitled to the criteria used aswell. If you're made redundant, remember you have 3 months to file a complaint at the industrial tribunal, in Bury St. Edmunds.

If they tell you to call an organisation, named the Employee Assistance Programme - EAP don't. Its funded by corporations/private enterprise, with the goal of mis-leading you.