unfair dismissal????

Mudd14

Gordon_Hose wrote: »

I don't see the issue here. The boss is obviously cutting back due to rising costs, and the OP's job is at risk. Pretty clear cut imo, the other stuff about the other girl being useless and not bringing any money is completely irrelevant.

Provided you get proper consultation I can't see how it's "unfair dismissal".

Yes this may be true but where is a fair selection? There isnt one by the sounds of it and the employer seems to be making a very bad siuation of it all.

meplus3

williacg wrote: »

That's a bit harsh.

But Meplus3, can you think of any reasons why your employer would favour your colleague over you, if you are bringing in the most revenue?

the only reason i can see is that they are very good friends and do a lot of socialising after work hours. plus i dont think that me having 4 children helps (although that has never actually been said)

just recieved a text off her asking me to come in for a chat, she must have recieved the recorded delivery letter that i sent to her (didnt realise rd got delivered on a saturday)

in my letter i wrote i explained that i dint agree with the decision and that i should have been consulted before she reached a desicion, i also said the redundancy selection criteria has not been followed as in

• attendance record (if this is fully accurate and reasons for and extent of absence are known)
• disciplinary record (if this is fully accurate)
• skills or experience
• standard of work performance
• aptitude for work

Formal qualifications and advanced skills should be considered, but not in isolation. (from acas website)
i have stated that if she still decides to uphold the desicion i will be forced to go down the unfair dismissal route


have i got her worried do you think?

System

The other girl isn't being paid the same as you. She has to work 4 days to get the take home that you have after 3 days. She is being paid less than you.

Gordon_Hose

Mudd14 wrote: »

Yes this may be true but where is a fair selection? There isnt one by the sounds of it and the employer seems to be making a very bad siuation of it all.

Why do you think that?

The OP hasn't provided the selection criteria so we don't know how she was selected, all we've had is a rant about how bad the other girl is, which is irrelevant. It's not a popularity contest between employees, it's a genuine cost cutting exercise, and redundancy is a valid option to reduce costs.

Provided the selection criteria is fair, the OP gets proper consultation there is no case for unfair dismissal.

meplus3

no-oneknowsme wrote: »

Meplus3 - have you ever considered going self employed ?

My best mate is a hairdresser of 20 years . She has worked in numerous salons but in the end decided that she was working her a-s-s off on a daily basis to make money for the salon owner !

What she did was she set up self employed and (not directly) made sure that all her existing clients knew that she was branching out on her own....

She has been doing this for a few years now and says she would never go back to slaving in a salon for an employer !

To do this you could either set up a room in your own house or travel round to the clients in their own homes.

You would get a trade card to buy your supplies from the hairdressing wholesalers.

The up-shot of this is that being your own boss means that you can work the hours and days that suit you and not someone else!

i have actually thought about this and have found a nice little shop to rent, just trying to weigh up the pros and cons and decide wether to take the plunge. and i will take all my clients with me as i never had a written contract!!! nasty i know!!

Mudd14

From the OP first line (provided it is all true and not one sided ) she says that her employer told her she was being made redundanct when she returns from her maternity leave. Where is the consultation in this? An employee should be notiifed they are at risk of redundancy and be given a chance to discuss the selection before any final decision is made on the redundancy

Gordon_Hose

Mudd14 wrote: »

From the OP first line (provided it is all true and not one sided ) she says that her employer told her she was being made redundanct when she returns from her maternity leave. Where is the consultation in this? An employee should be notiifed they are at risk of redundancy and be given a chance to discuss the selection before any final decision is made on the redundancy

Less than 20 people doesn't require a "consultation period". However the OP's employer should have had a meeting with her and explained that her role was at risk.

http://www.redundancyhelp.co.uk/LegCon.htm

no-oneknowsme

meplus3 wrote: »

i have actually thought about this and have found a nice little shop to rent, just trying to weigh up the pros and cons and decide wether to take the plunge. and i will take all my clients with me as i never had a written contract!!! nasty i know!!

Yip...my Friend has now ended up with 99% of her clientelle from the salon:rotfl:her ex employer wasnt long in asking her to come back to work for her when she realised she was losing most of her customers !

Just a suggestion but if you are going to hire a shop to work from its going to increase your overheads massively !

Your best bet is to start off going to clients homes , you would be surprised at how many people enjoy their hairdresser coming to them . You also would only have the price of your stock and pertrol to cover then instead of rent on the shop , heating , electric , kitting the shop out as a salon , business rates , public liability insurance...the list goes on !

williacg

meplus3 wrote: »

the only reason i can see is that they are very good friends and do a lot of socialising after work hours. plus i dont think that me having 4 children helps (although that has never actually been said)

just recieved a text off her asking me to come in for a chat, she must have recieved the recorded delivery letter that i sent to her (didnt realise rd got delivered on a saturday)




in my letter i wrote i explained that i dint agree with the decision and that i should have been consulted before she reached a desicion, i also said the redundancy selection criteria has not been followed as in

• attendance record (if this is fully accurate and reasons for and extent of absence are known)
• disciplinary record (if this is fully accurate)
• skills or experience
• standard of work performance
• aptitude for work

Formal qualifications and advanced skills should be considered, but not in isolation. (from acas website)
i have stated that if she still decides to uphold the desicion i will be forced to go down the unfair dismissal route


have i got her worried do you think?

Just make sure that you have all of your facts in place and documented, and you have exercised all of the resources available to you, such as ACAS, CAB, and you also have your insurance cover.

meplus3

Gordon_Hose wrote: »

Less than 20 people doesn't require a "consultation period". However the OP's employer should have had a meeting with her and explained that her role was at risk.

http://www.redundancyhelp.co.uk/LegCon.htm

i did not have any meetings explaining that my role was at risk, i actually popped in for my hair cut and was told i was being made redundant when i get back off maternity.