made redundant - no notice or consultation.

spire2003

I was made redundant on Friday 17th July 2009. My boss just said he wanted a word with me. He then said he wasnt happy with the way things were going at work and seemed to blame me for problems that were not to do with my duties. He then said he didnt want to sack me as i would find it difficult to get another job ( im 51) He then said he was making me redundant. I had no consultation or notice. This came completely out of the blue. He said he would send everything on. I assume he means my PILON & redundancy pay. I have worked there 3 & 1/2 years & have never been disciplined in any way. Most of my duties were done by me alone so someone else is going to learn how to do them. Do i have a case for unfair dismissal

border_collie

Ring ACAS.

He has done it wrong and they will tell you current rules.

Pete111

If what you have written is accurate then you have a good case.

No process has been followed (either disciplinary or redundancy) so your boss is in a weak position. Unlike Alan Sugar, you cannot just say 'you're fired' in the real world.

Speak to ACAS to confirm their view. Out of interest, is the company sizable with published policies etc or a small operation without much in the way of HR process?

P

spire2003

Company is very small but they like to act big. They dont seem to do much by the book. They made 2 people redundant last year without notice but these guys just accepted it. If i had just been made redundant i might not have wanted to push for unfair dismissal. I have a company handbook that states policies about redundancies with regard to consultation. The company has no HR to speak of but outsourced the drawing up of contracts & obviously my boss didn,t bother to check what he had to do before making me redundant.

Pete111

You may wish to appeal the redundancybefore you do anything else. Even though your boss has not followed policy, you are advised to do so as this will stand you in better stead should you ever get near/to a tribunal

I'm asuming your policy handbooks details the right to appeal a redundancy and the process to follow? If not, you still have the right to appeal in law. If you want to go down thsi route, I recommend you do it on the basis that:

1) The rationale for redundancy itself is unsound - ie your boss seemed to throw allegations of misconduct/poor performance around before settling on redundancy as the best option to get rid of you.

2) No process whatsoever was followed. Reference both legal requirements and company policy here.

Good luck

P

Mudd14

I agree with Pete I would appeal the redundancy first as it will look far better if you were to take them to tribunal.

If they uphold the dismissal I would take them to tribunal for unfair dismissal by form of redundancy and failure to consult. They wont have a leg to stand on as it sounds like no procedure has been followed which makes the dismissal automatically unfair.

hayley11

Every part of the way your boss has handled this seems wrong. You will have a very good case here. You could visit CAB, they'd be able to give you advice on exactly what you should do and what could happen further down the line.

Good luck

meggymoo311

spire2003 wrote: »

I was made redundant on Friday 17th July 2009. My boss just said he wanted a word with me. He then said he wasnt happy with the way things were going at work and seemed to blame me for problems that were not to do with my duties. He then said he didnt want to sack me as i would find it difficult to get another job ( im 51) He then said he was making me redundant. I had no consultation or notice. This came completely out of the blue. He said he would send everything on. I assume he means my PILON & redundancy pay. I have worked there 3 & 1/2 years & have never been disciplined in any way. Most of my duties were done by me alone so someone else is going to learn how to do them. Do i have a case for unfair dismissal

This is exactly what happened to me. In fact you could have written it for me. The only difference being my obnoxious, pig headed boss said he didn't know what to call it and would think about it for a couple of days.

Came back to me a couple of days later and said the same "think we'll call it redundancy as it would be easier to get another job". But also said I should take his offer of redundancy pay as I wouldn't get anything better if I fought it. Well that was like a red rag to a bull. Needless to say I fought it, settled out of court and ended up with a lot more than was offered.

He came back with all sorts of lies, my solicitor said it wasn't the worst case he had dealt with but was getting very close.

So don't give in you have a very strong case. I went through my house and contents insurance as I had legal help added to it when I took it out.
Good luck.

schneckster

Has he since employed someone to do the same job? If so, then it wasn't unfair redundancy, it was constructive dismissal. In any case, he's landed himself right in it!

First thing to do is write a letter filing a grievance with the handling of the whole thing. As someone else has already said, this stands you in good stead in the face of a tribunal as you have tried to resolve it. Get advice when writing the letter and for further proceedings. Your boss may get dirty, but if you stick to the facts, you'll be OK.

Whatever happens, stick to your guns and keep smiling. It'll get tough, but you're in the right and these idiots need to realise they cannot behave like this any more. Get help, though. It's amazing what a letter can do when it clearly shows you've sought advice

Schneckster

Troubled_Joe

Referring to the post above, this is not a constructive dismissal in any way.

It may well be an unfair dismissal however. Going to CAB/ACAS is not bad advice but they are limited in the direct assistance they can provide.

Check your home insurance for legal cover and if you have this then make an application for funding a claim. If not it's well worth seeking legal advice in any event.

IsMyUserNameCool

You have a very good case!