Redundancy Advice Please!

sockpuppet

well, got a really aggressive letter back in response to my complaint. No chance that decision wll be reviewed let alone changed! So think it will just be sitting out my notice now then going on to tribunal....

Pete111

They are likely to find themselves in hot water.

There has been very little in the way of reasonable consultation process and replacing 1 FTE that is covered by 2 staff by a single person is highly unlikely to be deemed a legitimate reason for a redundancy.

Your appeal has been poo poohed so Acas and then a lawyer is your next step. You should be able to get something here.

P

jazzyman01

The full time employees you mention, are they male or female? Do you know if the full time person that is being appointed is male or female?

sockpuppet

The other two full timers are female and the person he interviewed the day before making us redundant was also female, but i dont know if he has actually employed her, or if she was offered the full time role and turned it down. I know she was an older lady with no young children, like both of us being made redundant have.

sockpuppet

He said he is not advertising the role, just looking for someone through word of mouth as he does not want to pay and costs to advertise in the paper or through an agency. So if the other person has not taken the job and he does not replace us immediately (he will have to replace us as there is just too much work for the other two remaining to be able to do) Will this make any difference? I know he has put an application in to the local college for an 'apprentice' on a full time basis (with day release at college each week) but they would not start yet. But this was supposed to be in addition to us not instead of.

bendix

Pete111 wrote: »

There has been very little in the way of reasonable consultation process and replacing 1 FTE that is covered by 2 staff by a single person is highly unlikely to be deemed a legitimate reason for a redundancy.



P

Are you sure about that? It seems to me that the costs of hiring two part-timers to do a FTE job is much more expensive than hiring one full-timer. The salary costs are only a small component of costs to a business in hiring staff.

The reduction of those overheads alone would be grounds for a business case reason for the redundancy.

The employer could also make a case that one person focused on the role all the time is necessarily more productive than two people dropping in and out.

Part-time working arrangements are not a god-given right. They are negotiated and agreed between employer and employee and, as such, can be withdrawn also.

Pete111

Remember Bendix, it's roles that get made redundant - not people

The role will be unchanged and refilled - hence no legitimate redundancy.

Not saying it can't be done (as before, there are always ways!) or that job shares are ideal - just in this context it doesn't work for me as a legitimate reason

P

sockpuppet

There are no costs of hiring two part timers though - beacause we are both already there. The only additional cost would be two payslips each month instead of one!!
Also we have been carrying out the admin role on this basis for over a year with absolutely no problems at all. In fact its the full timer that causes more problems as she is inexperienced and due to this makes mistakes that have to keep being dealt with. Also I am the only other person in the office that is authorised to discuss details with the clients- so with me gone, there is nobody in the office who can deal with queries in the absence of the advisors!

sockpuppet

Also, surely part time working is a right if that was the basis that you were employed on?? I could understand if I had been full time originally, and then went part time.

the_mackem

sorry if this is off topic,how come firms can pay silly money(jealous) for example we have somebody just started the place i work,who worked for nissan and got £30 short of £30,000 for seventeen yrs service,wherehas myself who asked for my figure at the place i work for and with 37yrs service (i know its 20yr max) was given a figure of 13,000 all in. i know there is something about private owned companies where it is different but i think its disgusting,will the european thing make us better off in the future?i dont know sorry for the long winded question.