Please Help! just made redundant with no warning!!

Jarndyce

evie451 wrote: »

To be sacked by email is awful! and I am not sure its terribly legal either! what a dreadful shock after being on leave....

They do seem to be sweetening it up by saying they will give you 'redundancy' but you will have to weigh up whether the firm is viable enough to be sued for wrongful dismissal or whether you want to take this glowing ref they are offering and just get on with your employment life....if a reference would be more useful in securing a new position then...........but if it would be immaterial and the fees would be met by legal aid etc go see an employment lawyer!

No legal aid is available for employment issues I'm afraid.

An email can be an adequate form of communication but in this case the 'letter' doesn't specify a fair reason for dismissal so it is academic - there has been no adequate written reason for dismissal anyway.

LadyMissA

Jarndyce wrote: »

No legal aid is available for employment issues I'm afraid.

An email can be an adequate form of communication but in this case the 'letter' doesn't specify a fair reason for dismissal so it is academic - there has been no adequate written reason for dismissal anyway.

no you can't be sacked or made redundant by email

If they are sacking you they have to have acted correctly and given you warnings or go right to the last and sack you for gross misconduct in which case you are invited to a meeting and can have a union rep or a someone else from work too as a witness.

For redundany you are invited to similar meeting where they detail the redundancy and give you a letter stating thats what they are doing

In both cases you had the right to appeal

Sorry if you are sacked by email then you need to appeal NOW to the MD

Jarndyce

LadyMissA wrote: »

no you can't be sacked or made redundant by email

If they are sacking you they have to have acted correctly and given you warnings or go right to the last and sack you for gross misconduct in which case you are invited to a meeting and can have a union rep or a someone else from work too as a witness.

For redundany you are invited to similar meeting where they detail the redundancy and give you a letter stating thats what they are doing

In both cases you had the right to appeal

Sorry if you are sacked by email then you need to appeal NOW to the MD

The OP HAS been sacked by email!

getmore4less

Not all dismisals require writen notice,

Most it is on request allthough most employers will give it in writing anyway

This is worth a good read cover a lot of the legislation(including amendments).


http://www.legislation.gov.uk/ukpga/1996/18/contents


section 92 covers the writen notice on termination.

Jarndyce

Just to be clear:

• The OP has been employed more than 12 months - see post 4
• There is no dooubt that this dismissal is procedurally unfair on a number of grounds - whether or not an email dismissal letter is permitted (I suggest it is) is academic against that background, it is just another reason why the dismissal may be unfair, but you only need one reason.
• You are legally entitled to written reasons for dismissal
• In this case, written reasons are academic, (although they may be of interest and of use in an ET claim), because the OP has already been sacked. Unless of course they are going to try and rescue the situation by pointing out their rights and conduct an appeal, but is that a realistic scenario in the circumstances? I would suggest not.

jazza6

Mowgli87 wrote: »

Apart from the complete moron who told me to move on (ugh...its been an hour)... thanks for the advice.

I know that I am being gracefully sacked... But what do I do now?! I have NEVER been unemployed.

Mowgli87 - so sorry you have been made "redundant". I was made redundant on 11th July but obviously knew about it the month before. I had been with the company for 4 years ad I knew in my heart of hearts they would choose me over the other 5 in the pool. However. it's still a shock. Obviously my hubby knew about redundancy but what he didn't know was the amount of debts. I finally plucked up the courage on Friday to tell him via letter - I was too distraught and scared to speak face to face. He was mad about the debts but said that I couldn't be held responsible for the redundancy. Seek advice from the forums here, they are great and you will get good financial advice. I signed on for Jobseekers Allowance and am hoping that I will eventually get another job. Try not to get too down - there's always help - I know, because I was you to a certain degree!!!

Pete111

Jarndyce wrote: »

Just to be clear:

• The OP has been employed more than 12 months - see post 4
• There is no dooubt that this dismissal is procedurally unfair on a number of grounds - whether or not an email dismissal letter is permitted (I suggest it is) is academic against that background, it is just another reason why the dismissal may be unfair, but you only need one reason.
• You are legally entitled to written reasons for dismissal
• In this case, written reasons are academic, (although they may be of interest and of use in an ET claim), because the OP has already been sacked. Unless of course they are going to try and rescue the situation by pointing out their rights and conduct an appeal, but is that a realistic scenario in the circumstances? I would suggest not.

I agree with the above. If this a proper redunancy scenario, there are serious cracks in the procedure used.

If this isn't a redundancy (ie they are going to refill the role) then you have decent grounds to claim unfair dismissal.

Your choice now is to:

1) take the two weeks pay you would not ordinarily be entitled to in a redundancy situation (you have been there less than 2 years) and move on

2) Appeal the redundancy (if only for the purposes of being seen to follow process) and seek legal advice in order to push for damages relating to unfair dismissal/breach of process. Personally for the sake of risking 2 weeks pay I would consider option 2 - but that's just me.

Good luck either way

scheming_gypsy

Where does it say she was sacked by email? the first post says their manager told them 'this morning' and then the email said 'further to our conversation.....'. The email was a follow up to the dismissal.

Personally i'd take the pay off, stay on good terms with them and seeing as it's a recruitment agency, ask them to try and find you a job. If you get a bit funny with them you're going to add to job hunting difficulties.

Jarndyce

Pete111 wrote: »

I agree with the above. If this a proper redunancy scenario, there are serious cracks in the procedure used.

If this isn't a redundancy (ie they are going to refill the role) then you have decent grounds to claim unfair dismissal.

Your choice now is to:

1) take the two weeks pay you would not ordinarily be entitled to in a redundancy situation (you have been there less than 2 years) and move on

2) Appeal the redundancy (if only for the purposes of being seen to follow process) and seek legal advice in order to push for damages relating to unfair dismissal/breach of process. Personally for the sake of risking 2 weeks pay I would consider option 2 - but that's just me.

Good luck either way

There are 'serious cracks' whether or not it is a redundancy, and taking the two weeks pay doesn't stop them claiming unfair dismissal aswell.

Pete111

Jarndyce wrote: »

There are 'serious cracks' whether or not it is a redundancy, and taking the two weeks pay doesn't stop them claiming unfair dismissal aswell.

Couldn't agree more, I suspect that in the not too distant future they will have someone back in this role.

However, if she puts in an appeal or a lawyers letter they may withold the redundancy payment (unless already paid) - unlike the PILON they do not have to pay this.

Either way I would be tempted to stick in a claim. Poor behaviour by the company.