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made redundant and need help 2

12346

Comments

  • jdturk wrote: »
    they are idiots then

    So i guess that you now would agree that i do have a potential claim?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I have an e-mail from November stating that the sales director and the company owner both wanted me out because the sales direstor does not like me.

    Obviousley this can only mean that their decision was made before any redundancy procedure weather they were carried out in the correct way or not. Their reasons for dismiss are obviously untrue.

    The employer admitted their first decision was incorrect, now they intend to use the correct redundancy procedure. They are allowed to do this.

    You use the word obviously a great deal. A Tribunal would listen to both sides, and from the information given, I would say that anything is far from obvious.

    As others have noted, you have not been dismissed, and therefore you cannot claim unfair dismissal.

    You need to seek further advice.
    Gone ... or have I?
  • Anihilator wrote: »
    Um who is advising you?
    I find their advice quite strange.

    You have not been dismissed so can't claim unfair dismissal. If they start a redundancy process and you are scored lowest then they can get rid of you.

    Tbh I think you are doing yourself no favours here as your communications are poor and don't really contain any substantitive evidence. Just your "opinion" which is as every bit biassed.

    I'm surprised what you are proposing is even legal tbh. Its blackmail.

    Not Blackmail - I thought it was my right!!!!!!!!!!!!!!

    I have supplied more than enough information in this thread that is factual and not just oppinion.

    If you know more that i have been able to find out in such a short period of time to protect myself - Are you available for hire?
  • jdturk
    jdturk Posts: 1,636 Forumite
    So i guess that you now would agree that i do have a potential claim?


    I changed my thread to be more objective but as I stated you may get a technical win but as long as they do things correctly and you do score the lowest then they can still make you redundant
    Always ask ACAS
  • I thought that redundancy was dismissal, fair or unfair.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Not Blackmail - I thought it was my right!!!!!!!!!!!!!!

    I have supplied more than enough information in this thread that is factual and not just oppinion.

    If you know more that i have been able to find out in such a short period of time to protect myself - Are you available for hire?


    Telling them you will sue them for unfair dismissal if they dont give you a higher pay off is blackmail.

    As for the rest as said this e-mail wont mean a lot if they follow a proper redundancy process and fairly score you lowest which I suspect they will no bother.

    You say you have evidence. What is this? Your thoughts or opinions arent evidence.

    Also redundancy is not dismissal.
  • Anihilator wrote: »
    Telling them you will sue them for unfair dismissal if they dont give you a higher pay off is blackmail.

    As for the rest as said this e-mail wont mean a lot if they follow a proper redundancy process and fairly score you lowest which I suspect they will no bother.

    You say you have evidence. What is this? Your thoughts or opinions arent evidence.

    Also redundancy is not dismissal.

    Please can you confirm where i said that i was going to sue them!!!!!

    I asked them to concider a CA as this would mean that i could not take any further action against them. I would have thought that this is a good offer from an employee who has done nothing wrong apart from be disliked by a sales director.

    My evidence is the content of the e-mail that was sent to me by mistake from the sales director back in November - This was a mail i forwaded to myself at home. Surly that is enough. I still have the copy!

    Never mind the botched job of making me redundant and then the retract of this then the restart of it following correct procedure. It must be pre-empted therefore unfair.

    I thought the rules where put in place to stop this sort of treatment of employees.
  • Reggie_Rebel
    Reggie_Rebel Posts: 5,036 Forumite
    You are not (yet) redundant.

    You have been informed that your job is at risk.

    There will be a consultation with all those who are at risk. During the consultation you will have a chance to state why you should not be made redundant. These should be sound commercial reasons that will help the business to prosper, not "because he send an email saying he didn't like me"

    Chances are you will be made redundant.

    You mention a compromise agreement, that will only be offered on the proviso that you cannot now, or in the future then pursue an unfair dismissal claim
    It's taken me years of experience to get this cynical
  • You are not (yet) redundant.

    You have been informed that your job is at risk.

    There will be a consultation with all those who are at risk. During the consultation you will have a chance to state why you should not be made redundant. These should be sound commercial reasons that will help the business to prosper, not "because he send an email saying he didn't like me"

    Chances are you will be made redundant.

    You mention a compromise agreement, that will only be offered on the proviso that you cannot now, or in the future then pursue an unfair dismissal claim

    I was made redundant this morning.

    Please read the full thread and you will get more details of the situation.
  • Reggie_Rebel
    Reggie_Rebel Posts: 5,036 Forumite
    I did read the thread, missed the bit where you were made redundant.

    I assume no compromise agreement has been made as they have gone down the redundant route.

    It seems you are stuck between a rock and a hard place, they want you out, you want them to make it worth your while.

    Tough one, good luck with it
    It's taken me years of experience to get this cynical
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