Unfair redundancy? Opinions pls?

WorriedGirlfriend

My 52-yr-old partner has worked for his employer for 11 years and has the most exemplary work record possible. For example, not a single day off sick or a single late attendance nor a penny discrepancy in the till in all that time.

The employer owns three shops, each with a manager and two assistants. My partner is one of the managers.

One of the other two shops stopped breaking even and has been shut down. The manager is the employer's son-in-law. Instead of making HIM redundant, he has instead moved him to my partner's shop and made my partner redundant instead, giving him £6k redundancy money.

The employer's attitude is, well, it's my son-in-law, cannot make him unemployed, can I?

However, my partner is devastated, he cannot get a similar job anywhere within commuting distance and will in all likelihood either be unemployed or (if he's lucky) earning less than half his usual income in some unskilled job till he dras his pension.

Now, to prevent a claim of unfair dismissal, the employer will (pretend to) re-designate my partner's ex-job as "part-time". In other words, the full time post my partner currently holds will no longer exist from 31 Oct and therefore my partner is redundant.

On 1st November a new, part-time post will be "created" and has already been "filled" by the son-in-law (at the full-time salary of course) giving my partner no chance to apply for it. His old job will be designated as part time "on paper" but in reality of course the job will soon be full-time again (maybe from the first day?) The shop assistants are happy to act as spies for my partner as they are utterly scandalised by this appalling unfairness. After how long can the return the job to full-time status without the employer being in breach of legislation I wonder?

Apparently, if my partner takes the matter to a tribunal he will lose the £6k AND probably lose at the tribunal because "his full-time job no longer exists". Legal advice also costs money. Until he's actually redundant he has no time off to go to a CAB and wait all day to be seen. I told him to go sick in revenge but he won't as he needs a good reference.

OK can you ALL see this is a very dirty, mean, unfair example of nepotism, but is this actually illegal? Should my partner sue him?

Thanks!

shikoku

I think you need to see an employment solicitor and discuss it calmly with them.

Perhaps this should be merged with your thread in the employment section to avoid duplicate responses.

Bloomin_Freezing2

Call ACAS for advice first to see how the land lies. we used their pre-claim service to come to an agreement before a tribunal took place. We did also have a solicitor, but that was because time was running out and my OH's employer was on a go slow with the dispute. We were very happy with the settlement that we got. I couldn't fault ACAS. Their number is 08457 47 47 47.

dori2o

WorriedGirlfriend wrote: »

My 52-yr-old partner has worked for his employer for 11 years and has the most exemplary work record possible. For example, not a single day off sick or a single late attendance nor a penny discrepancy in the till in all that time.

The employer owns three shops, each with a manager and two assistants. My partner is one of the managers.

One of the other two shops stopped breaking even and has been shut down. The manager is the employer's son-in-law. Instead of making HIM redundant, he has instead moved him to my partner's shop and made my partner redundant instead, giving him £6k redundancy money.

The employer's attitude is, well, it's my son-in-law, cannot make him unemployed, can I?

However, my partner is devastated, he cannot get a similar job anywhere within commuting distance and will in all likelihood either be unemployed or (if he's lucky) earning less than half his usual income in some unskilled job till he dras his pension.

Now, to prevent a claim of unfair dismissal, the employer will (pretend to) re-designate my partner's ex-job as "part-time". In other words, the full time post my partner currently holds will no longer exist from 31 Oct and therefore my partner is redundant.

On 1st November a new, part-time post will be "created" and has already been "filled" by the son-in-law (at the full-time salary of course) giving my partner no chance to apply for it. His old job will be designated as part time "on paper" but in reality of course the job will soon be full-time again (maybe from the first day?) The shop assistants are happy to act as spies for my partner as they are utterly scandalised by this appalling unfairness. After how long can the return the job to full-time status without the employer being in breach of legislation I wonder?

Apparently, if my partner takes the matter to a tribunal he will lose the £6k AND probably lose at the tribunal because "his full-time job no longer exists". Legal advice also costs money. Until he's actually redundant he has no time off to go to a CAB and wait all day to be seen. I told him to go sick in revenge but he won't as he needs a good reference.

OK can you ALL see this is a very dirty, mean, unfair example of nepotism, but is this actually illegal? Should my partner sue him?

Thanks!

was there any redundancy process? for example was there a discussion advising all employees about impending redundancies, was there a meeting between each individual and the owner/director/managers etc, were the full reasons for redundancy explained and was the criteria for selection explained? Is any of this (if it was done) recorded?

IF they have not followed correct proceedure they are in breach of the employment rights act, and therefore the dismissal is unfair.

With regards to his redundancy payment, have they written to him to advise what he will be getting?

IF so going to tribunal, as far as I know, the employer could not change the redundancy payment terms as a result of going to tribunal. They have made the offer, you would be going to the tribunal for 'unfair dismissal', the employer cannot change the terms of the redundancy.

WorriedGirlfriend

"was there any redundancy process? for example was there a discussion advising all employees about impending redundancies, was there a meeting between each individual and the owner/director/managers etc, were the full reasons for redundancy explained and was the criteria for selection explained? Is any of this (if it was done) recorded?"

There are only 3 shops, each one containing 1 optician-manager and 2 receptionists. The only person being made redundant is my partner, so, no there was no meeting, no discussion. The employer spoke to my partner informally one day saying, I'm closing the other shop, moving my son in law here, so sorry, I'm going to have to make you redundant because of my daughter/grandchildren. Then two weeks later he gave it all in writing. Is that the correct procedure?

"IF they have not followed correct proceedure they are in breach of the employment rights act, and therefore the dismissal is unfair."

The employer said to my partner, "I have seen a solicitor and made sure that I am carrying out the correct procedures. If I make the position in your shop a part-time one then YOUR job, the full-time one, is redundant, so I can make you redundant."

"With regards to his redundancy payment, have they written to him to advise what he will be getting?"

Yes, the maximum, which is 6k.

"IF so going to tribunal, as far as I know, the employer could not change the redundancy payment terms as a result of going to tribunal. They have made the offer, you would be going to the tribunal for 'unfair dismissal', the employer cannot change the terms of the redundancy."

That's v interesting!

I forgot to say, my partner says if he went to a tribunal he'd be blacklisted by every optician practice in the area. Not sure how, but that would ruin his chances of ever getting another job in the only area he is qualified for.

WorriedGirlfriend

shikoku wrote: »

I think you need to see an employment solicitor and discuss it calmly with them.

Perhaps this should be merged with your thread in the employment section to avoid duplicate responses.

I disagree --- these are two totally different questions -- i.e. "was a redundancy unfair" and "how can he find a job".

Ale dziekuje badrzo!

Googlewhacker

WorriedGirlfriend wrote: »

I disagree --- these are two totally different questions -- i.e. "was a redundancy unfair" and "how can he find a job".

Ale dziekuje badrzo!

Why put it in a foreign language?

Andy_L

Nepotism is not one of the unfair dismissal grounds (rg gender, race, age etc) so your partner is, unfortunatly, screwed.

WorriedGirlfriend

Andy_L wrote: »

Nepotism is not one of the unfair dismissal grounds (rg gender, race, age etc) so your partner is, unfortunatly, screwed.

Really?

It's OK to dismiss someone unfairly if you can prove that you only sacked him to give your relation a job?????

BillTrac

Googlewhacker wrote: »

Why put it in a foreign language?

Thank You all??

dori2o

Andy_L wrote: »

Nepotism is not one of the unfair dismissal grounds (rg gender, race, age etc) so your partner is, unfortunatly, screwed.

It may not be, but I believe it is unfair to to make somebody redundant/dismiss them if the proper proceedures have not been followed, which reading the information the OP has given, is the case.