please help

elly_2

to cut a very long story short i have worked for a catering company as a vending supervisor for 22 months, the staff have been moaning for months about the unit manager so about 2 months ago we all decided that we would like a meeting with the area manager and discuss our concerns. we had the meeting on 30th october and no one spoke up except me and a colleague, now 3 weeks later on friday 20th nov we were brought into the office to see area manager and hr woman and first of all told us that our jobs were at risk of redundancy then when on to explain that our roles would be made redundant, they are going to outsource the vending operation so i would be no longer required, also my colleague who is the assistant manager/cook, they said she is too high calibre of a chef and would no longer be required because they want to just start doing snacks, they already have 2 chefs, who by the way are more qualified. They said we would be required to come in for a meeting on 27th nov with them to discuss things further and they will help us to find other employment. we were given a paper to sign it just explains everything i had been told and that i could go straight home because i was upset i read it through and signed but didnt realise properly what the title was, it mentioned about first consultation meeting after reading up about redundancy i now realise its started the redundancy process and now wish i hadnt signed it. to me it seems like they are only get rid of us because we spoke out.
I dont know anything about redundancy procedures and i'm not in a union, does anyone know if i would be able to join before the meeting on friday. Also are they right in sending us both home for a week. I'm going out of my mind with worry, my husband is unemployed, i have 2 kids and if they finish me friday i wont even have a december wage dont know what to do but i will have to go find a new job on monday.
can anyone advise me please

Debt_Free_Chick

Although they've sent you home, you should be paid as normal. This is often called "garden leave" when you remain employed, as normal, but you are not required to turn up for work.

If you are made redundant, they will have to give you notice or pay you in lieu of notice.

They are being a bit naughty if they terminate you before you've completed 2 years though, as statutory redundancy pay only kicks in then.

No harm in contacting the Union to see what they say.

You may have been targetted because you spoke out, but the actual redundancy process should be fair and "scored". Ask about the scoring. Even if you have been targetted for speaking out, you'll never know for sure, so try not to think about this as it will eat away at you and possibly distract you from the more important matters of the redundancy process itself.

dickydonkin

It will be difficult to prove you and your colleague are being 'disposed of' for just speaking up at a previous meeting with a manager. It would seem that you are now on 'gardening leave' which is a normal procedure during redundancy consultation.

Without knowing the full content of the 'paper' you signed, it seems possible that you have signed a declaration that you understand/accepted your current situation.

You can join a union now, however, whether your company recognises that union is another matter. I would suggest legal advice such as the CAB or check your home insurance as many policies cover legal expenses. I suspect your current situation would preclude you from paying for a solicitor.

I would however, ask your employer the following at the next sheduled meeting.

Why were no volunteers for redundancy requested?

Why were the other two chefs not placed into a redundancy selection pool?

As your role is being 'outsourced' could your company not agree as part of the contract with the new contractor to employ you?

Regarding your pay, you MUST be given a written breakdown of any wages owed to you ie holiday pay, lieu of notice etc. As you have not worked for two full years, you will not be entitled to any statutory redundancy payments, however, you will still be paid for your current 'gardening leave'.

Depending on the frequency of your pay and the 'cut off' date from your wages department, you may still get all what is entitled to you in December which should provide some finance for Christmas, but if the worst scenario occurs, be sure to register your unemployment immediately with your local jobcentre.

If your redundancy is confirmed, you must be given the opportunity to appeal (usually within a 5 day window). If you believe you have been treat unfairly and wish to progress a claim of unfair dismissal, it is vital you go through the appeal process.

You can lodge a claim for unfair dismissal independantly without using expensive solicitors.

Good Luck

elly_2

hi thanks for your reply

Yes they told me they will pay me, but they didnt tell me i was to stay off work i had to ask them all they said is come in friday for a meeting.

Its payday next wednesday25th which includes pay up to the end nov so if they give me 1 weeks notice on friday i wont get anything in december this is worrying me most of all. i've also got a weeks holiday booked off for 30th nov to 4th dec dont know if i will be owed any hol pay. booked it off cos its my birthday on the 3rd dec.

They didnt mention anything about scoring, just that my role in being made redundant and they are outsourcing the vending.

dont know what to do about friday, my colleague has contacted her union about it but like i said im not in one.

dickydonkin

You may have been targetted because you spoke out, but the actual redundancy process should be fair and "scored". Ask about the scoring. Even if you have been targetted for speaking out, you'll never know for sure, so try not to think about this as it will eat away at you and possibly distract you from the more important matters of the redundancy process itself.

There won't have been a selection pool by virtue of one individual being employed in the vending role which was being made redundant (one from one), therefore no selection matrix/scoring would be required, however, the OP's colleague may be in a different situation as there were two other chefs.

As I pointed out in my previous post, on the face of it, it would seem there should have been a selection pool of 3 chefs (including the OP's colleague) which would have required a selection pool with a scored matrix.

dickydonkin

Elly,

If the worst happens on Friday, make sure you register yourself as a jobseeker immediately. It does not matter if you are paid in lieu of notice as this is now classed as capital (not earnings) therefore you will be able to claim contribution based JSA straight away.

You may also be entitled for council tax rebates etc.

I know JSA does not pay much but at least it is something.

Why do companies always seem to have redundancies just before Christmas?

elly_2

thank you both for your replies, not much i can do about it then. i just feel like i'm going mad and just wished i hadnt rocked the boat.

Debt_Free_Chick

elly wrote: »

thank you both for your replies, not much i can do about it then. i just feel like i'm going mad and just wished i hadnt rocked the boat.

But this may not be the reason.

There is such a thing as "a co-incidence"

dickydonkin

elly wrote: »

thank you both for your replies, not much i can do about it then. i just feel like i'm going mad and just wished i hadnt rocked the boat.

As Debt_Free_Chick rightly stated, if you keep worrying about the why's and wherefores of your redundancy, it will eat you up and make your head explode.

As you stated, your role is being outsourced - this will be purely to reduce the operational costs of the company you are working for and I would suggest not because you have 'rocked the boat'.

It would seem that your job was going regardless, however, it is unfortunate that you were the only employee in that role making you vulnerable to redundancy. I have been there Elly and it is demoralising, but you have to move on and consider your family who I am sure will support you. Easy said I know!

As D_F_C also pointed out, you must now focus dealing with your current situation and look to the future.

Don't lose heart!

dickydonkin

Elly - I have just had another read of your original post and as you were a Supervior, I am assuming you had staff working under you in the vending function.

If this is the case, as the vending operation is being outsourced, any people working under your supervision will also be made redundant. Is this correct?

elly_2

no i am not a proper supervisor its just a made up title, when i first started there on 14th jan 2008 the job advertised was cash office/vending operative, but in nov 2008 they gave me my first job description which is vending supervisor. but on my personnel file i am a general assistant. I have no staff working under me at all.