PLEASE HELP! Made redundant -boss being really nasty.. advice please.

Nomsy

Hi,
I would be so greatful I someone could give me some advice, I have looked up so many websites and am so confused..so briefly as not to bore you...:)

- Made redundant with no prior warning and after 3 days of being back in the office from my honeymoon, in which I got stuck abroad for an extra 6 days (4 work days) due to the volcano.

- my boss has said that any time taken off for interviews will be deducted from my final pay

- my boss took away the remaining days I had as holiday because of the volcano.

- He has not given me work to do, neither has any other senior members in the office.

- He has not been pleasant about this at all.

HOWEVER:

He has been very clever in the fact that by the time I leave I will only be 9 days away from my year in the office, after a year I have protection relating to redundancy and tribunal etc etc.. I think I was and am being unfairly treated but there is NOTHING I can do... or is there??

Finally, where does the law stand on sick pay, if I was unwell one day (I have been coming in with a severe chest infection and I'm taking the strain!) So if I call in sick, is he within his rights to deduct this from my pay?

Thanks and sorry for the long blog!!:)

mjm3346

Sick pay depends on your contract, there is no obligation to pay anything apart from SSP which you do not get until you have been sick for 4 days.
(SSP is £79.15 a week)

bryanb

Redundancy is when the job no longer exists. Is this the case?

JUNIOR

Sorry to hear the news ! going through it at the mo !

If you've been employed at this place for under a year , then i'm afraid you have'nt got much in the way of employment rights .:o

Try this site http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/index.htm
very good info .

If you feel your being treated unfairly at work put a greivance letter in,this might help with the unfair treatment .

Good luck !

J

JUNIOR

bryanb wrote: »

Redundancy is when the job no longer exists. Is this the case?

Not always ! and certainly not in this current climate .
Redundancy is a form of dismissal from your job, caused by your employer needing to reduce the workforce. Reasons include:

• new technology or a new system has made your job unnecessary
• the job you were hired for no longer exists
• the need to cut costs means staff numbers must be reduced
• the business is closing down or moving

bryanb

JUNIOR wrote: »

Not always ! and certainly not in this current climate .
Redundancy is a form of dismissal from your job, caused by your employer needing to reduce the workforce. Reasons include:

• new technology or a new system has made your job unnecessary
• the job you were hired for no longer exists
• the need to cut costs means staff numbers must be reduced
• the business is closing down or moving

All your reasons appear to be where the job no longer exists, as I said

Nomsy

Thank you all. I understand that he had a right to take my holiday days, but it seemed cruel if he was going to make me redundant.

The job DOES still exist, i think he has been very clever and is passing my work around the people already here, which is weird as one out of the 2 people is pregnant and will go on maternity leave in a couple of months.. but I cannot do anything about this as I have no rights..

The grievance won't work as the only person I can put this to is my boss and he has now swanned off to another country and will not be back before I leave in 2 weeks.. not 'thanks', no 'I'm sorry this has worked out this way'.. nothing.

What I want to know is if I take ONE day off through being unwell, does he have the right to deduct it form my pay?

Thanks again everyone!

mjm3346

Unless your contract states you will be paid when you are off sick your only entitlement is to SSP and for one day off you do not get anything.

Bean_Counter

Nomsy wrote: »

What I want to know is if I take ONE day off through being unwell, does he have the right to deduct it form my pay?

This will depend on the terms of your contract, but as mjm3346 said if you are only entitled to SSP, then yes, he can and probably will deduct it from your pay.

Have you had anything in writing saying that you are redundant? In theory he should have used a scoring method and you are entitled to see the results of that (with the other peoples names removed.) You should also have been informed that you have a right to appeal to the redundancy and the proper dismissal procedure should have been followed.

What is your notice period? Are you being paid for any notice period? Does the inclusion of any notice period take you over the one year service mark?

Pete111

Statutory notice will only be a week - contractual notice may be more but does not count (if paid in leiu instead) to LOS

OP I'm sorry to say this but you probably have few cards to play here. Work can be reallocated and result in redundancy I'm afraid.

Your LOS is such that your rights are minimal - if you had 2 years service for exmple your boss would have to grant you reasonble time off for interviews. If you had one year you would have access to unfair dismissal legislation .

Good luck going forward however.

Nomsy

He is making me work a month, but legally he only had to give me a week.
Thanks for all your advice.
I wouldn't treat my enemy the way he is treating me!!

He should have used the scoring method as Bean Counter said, but he knew what he was doing and knew he would get away with it!

Meanwhile the world still turns so I guess I better get on that work hunt!