help with redundancy and notice period

borris1313

Hi all I hope someone can help
basically ive worked for the company for the last 6-7 year but in July last year my colleague who worked alongside me and my manager left to work at another depot . this left me to do all the work with the help of my manager who rarely is in the office, so after many months by my self doing two peoples jobs I advised my employer in early January that they must employ another staff member or give me a very substantial pay rise .as it was to much for one person!! I was waking up in the middle of the night thinking bloody hell ive forgot to do that etc etc
So they employed someone else, which was a great help!! But four weeks ago we were called in to a meeting to be advised that they were combining the jobs again and one of us were being made redundant! More like I was being made redundant! As my new colleague after 5 months of working for the company had been put threw his forklift license and can start work at 8 am unlike my self who is female and has a young child and work 9-5.mon-fri and alternate sat 9-12
so I was given redundancy after explaining my case that I felt like I was being pushed out as the new role contise of working 8am -5pm and every Saturday plus id need a fork lift license !! Which they didn’t offer me I also put my point across that after working for many months by myself that the job they were offering for the same pay was totally unreasonable.
Their fore I was given a one page letter with minimal details on regardy my redundancy pay and the fact that I will be expected to work my 6 weeks notice, which I was fine about.
But 2 weeks in to my notice period my college that they had pushed me out for gave his notice in and left 3 weeks in to my notice period. so I just want to no were I stand regarding having to work my remaining notice period as ive now got 2 people work load and this week being my fourth week of notice two days I haven’t even been able to take my dinner etc so when ive requested to be paid for my dinners the company have grumbled about it so I have requested to leave early but they are now implying that if I leave early I wouldn’t have worked my notice and I wouldn’t get my redundancy!!
I find this totally unreasonable and so does my manager but he says there is nothing he can do as they won’t listen

Jarndyce

Firstly, you are still under notice of redundancy and required to work your notice. If you wish to leave before the notice expires, there is a statutory procedure whereby you can give counter notice, and ask to leave on a certain date. It is correct that if you don't do this you would risk your redundancy payment.

There are a number of other issues such as the breaks and pressure etc but my advice would be however that you only have a couple of weeks to go, you should stick them out or if the pressure really is so great you could always go and see your GP (but far be it from me to suggest you throw a sickie if you are not actually ill ).

Do you actually have another job to go to? If not, and there was a way of resolving some of the other issues, it may be possible for you to negotiate to stay (indeed the employer probably could still insist you stay by offering you a suitable alternative role - lets hope they don't cotton on to that). However I'll await your response before pursuing that any further.

You might also have a possible unfair selection for redundancy claim and maybe even a sex discrimination claim, depending on why the employer put the male worker through the fork lift course and not you, and what criteria they used for the selection, if any, but you would need to go and see an employment lawyer to go through that in some detail.

getmore4less

Are they still going through with the redundancy?

Looks like some work will have to go undone if there are not enough hours to do it all.

Insist on your legal break if working more than 6 hours.

borris1313

Thanks for the quick response :-)

Ive read regarding leaving during my notice period I just presumed they wouldn’t pay me for my last 2 weeks notice. I work in a compound and the office cannot be closed so if its busy I cant take dinners or if their is a major road accident like their was on Tuesday I was left here on my own to deal with the public answer 2 phones return cars to people paperwork etc etc list goes on lol .

you see my job role has increased by more then double half way threw my notice period and feel the extra strain and the fact my employers reaction when I complain was cant u cope !! Well no I can’t.

I don’t have another job to go to to behonest I do just want to leave after 7 years of service I feel ive been treated very unfairly by them and have done for years as when I returned from maternity leave I was refused partime work and flexible hours etc .thank god for my nanna and looking after my baby as i returned after only 6 months off and worked right up untill my due date

So I will seek legal advise regarding how im being treated but I just thought I would be able to do something regarding my work load doubling during my notice! im just waiting to be told that I will have to work every Saturday up until I leave aswell which I hope I can refuse .

borris1313

Yes redundancy is still going threw my managers at head office today so I hope he comes back with good news regarding leaving early

They can’t offer me my old job back as it’s no longer the same job .its 8am-5pm and every saturday morning plus only other job they have is not suitable with a child as its shifts 7am-3pm 6 on 2 off then 3pm till 11 pm rolling Rota

jazzyman01

It is the same job, it is just different hours. I am surprised that they are continuing down the route of redundancy. You stated you are going to get legal advice re possible claims against them ie discrimination and redundancy dismissal when it is not redundancy, have you done so?

borris1313

Well redundancy did happen my last day in work was Friday just gone. I ve been told my redundancy will go in my last pay week which is next week. I’m due to phone and make an appointment with the job centre tomorrow morning. Can anyone advise me who and were to go to start a tribunal regarding the way I’ve been pushed out etc. As I’ve got the job description I was offered before being made redundant which I couldn’t do which was 8-5 Mon -Fri and every sat morning 9-12. And when my college who they pushed me out for gave his notice in and left a week later they advertised the job in the job centre, which stated 8-5 mon-fri and every other sat morning!! Which is left hours then they told me? They didn’t even offer me the job at the new hours and they have just employed someone else they start on Monday.
So I’m going to try and take them to a tribunal

borris1313

and yes the new person they employed is a male which enthisises the fact that they didnt feel a female should be working in the depot using a forklift truck etc

Jarndyce

borris1313 wrote: »

Well redundancy did happen my last day in work was Friday just gone. I ve been told my redundancy will go in my last pay week which is next week. I’m due to phone and make an appointment with the job centre tomorrow morning. Can anyone advise me who and were to go to start a tribunal regarding the way I’ve been pushed out etc. As I’ve got the job description I was offered before being made redundant which I couldn’t do which was 8-5 Mon -Fri and every sat morning 9-12. And when my college who they pushed me out for gave his notice in and left a week later they advertised the job in the job centre, which stated 8-5 mon-fri and every other sat morning!! Which is left hours then they told me? They didn’t even offer me the job at the new hours and they have just employed someone else they start on Monday.
So I’m going to try and take them to a tribunal

You may well have a case, but you must go and see an employment lawyer and let them consider the evidence. Have you got home insuance which may give youi legal cover? If not try a free half hour offer from a high street solicitor, but take care to choose one who specialises in employment law. Good luck.