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Basic rights at work & Redundancy

edited 30 November -1 at 12:00AM in Basic rights at work & Redundancy
174 replies 119.9K views
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  • edited 17 August 2012 at 8:11AM
    avantraavantra Forumite
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    edited 17 August 2012 at 8:11AM
    I will try to keep it short.

    Two weeks ago we adopted a gorgeous little girl (17 month old).

    My wife is a senior consultant in a large UK based firm (6 years) and took a full year adoption leave.

    Last Friday she got a call from he line manager to come for a meeting, they didn't want to tell her why, didn't want send a written invitation and advised other people not to contact my wife, including preventing a colleague from escorting my wife even though she have the right to be escorted AFAIK (we have this recorded from voice mails).

    As our baby only start to bond with us I had to take half a day off to be with her (she didn't have the chance meeting anyone else yet) so my wife can go and attend this 'secret' meeting.

    My Wife went to the meeting accompanied by friend from work (different department) to be told that her position is potentially at risk as her productivity level in the last year is too low.

    In the last year my wife was trying to get as much work as she can but a new team leader basically 'dry' her her work and recruited more people that now also experience low productivity.

    Her attempts to get more work in her department and across the biz are well documented.

    In the meeting all that was given is advice how to improve her CV and they want to start the notice period in one month from now.

    As far as I know if you are on adoption leave a suitable alternative job should be on offer. Currently a different department in the company advertise a similar position (lower grade but same job never the less)

    Edited the above: Just found out that a senior position at the same grade (exactly the same job as my wife do) is advertised as well by this other department since Wednesday.

    Was HR wrong by not mentioning this?
    Should HR actually offer this job first to my wife as she is on adoption leave?

    Was the company wrong by insisting that all this has to be in person and a teleconference/letter other communication methods are not possible in light of the early weeks we are into the adoption (this is a crucial attachment period).

    Another thing cross my mind, they had the entire year to do this but waited and started this now even though HR applied/negotiated the entire adoption leave process to begin with?


    If my wife decide to appeal should she take the path of the poor selection criteria as she was the only female in her department for so long (there is another woman doing the same job but she just came back from maternity).

    My wife fully understand that there is less work to go around but we are just a bit poplex why now when all the stress of a little one is here and she can't really put her mind fully to this invasion.

    They have no union where she work but would it be a good step to join a union now or is it too late when the qualifying benefits for new members only kicks in 3 or 4 month after joining (from Unite's web site)?

    Sorry but it came out longer than intended.:eek:
    Five exclamation marks the sure sign of an insane mind!!!!!

    Terry Pratchett.
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    miss.a wrote: »
    I work for the county council and have been given my notice of redundancy. My last day will be 1st Sept 2012. I have expressed interest in redeployment but there has been no support and I'm running out of time!I took out a loan two years ago £125 per month. 8 years left to go!! Even though I have applied for other jobs I am concerned that within two weeks I will be unemployed and may have to receive JSA. How to I possibly pay off the loan and other bills on £60 per week. I pay rent and council tax. My current outgoings are £900 per month on rent and bills. I live on my own and have already made all the cutbacks I can. I do not have any credit cards. Can I freeze the loan payments?

    Hope you can help

    Thank you

    Hi

    This is actually a debt enquiry not redundancy/basic rights at work. You should re-post to the appropriate thread.

    You need to check if you have Payment Protection Insurance for your loan. Your local CAB will be able to assist with advice regarding negotiating with your creditors and debt management solutions while you are on a reduced income. Also www.adviceguide.org.uk has very good information and resources to enable you to manage this situation. On the Home page click on the tab 'debt and money'.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    avantra wrote: »
    I will try to keep it short.

    Two weeks ago we adopted a gorgeous little girl (17 month old).

    My wife is a senior consultant in a large UK based firm (6 years) and took a full year adoption leave.

    Last Friday she got a call from he line manager to come for a meeting, they didn't want to tell her why, didn't want send a written invitation and advised other people not to contact my wife, including preventing a colleague from escorting my wife even though she have the right to be escorted AFAIK (we have this recorded from voice mails).

    As our baby only start to bond with us I had to take half a day off to be with her (she didn't have the chance meeting anyone else yet) so my wife can go and attend this 'secret' meeting.

    My Wife went to the meeting accompanied by friend from work (different department) to be told that her position is potentially at risk as her productivity level in the last year is too low.

    In the last year my wife was trying to get as much work as she can but a new team leader basically 'dry' her her work and recruited more people that now also experience low productivity.

    Her attempts to get more work in her department and across the biz are well documented.

    In the meeting all that was given is advice how to improve her CV and they want to start the notice period in one month from now.

    As far as I know if you are on adoption leave a suitable alternative job should be on offer. Currently a different department in the company advertise a similar position (lower grade but same job never the less)

    Edited the above: Just found out that a senior position at the same grade (exactly the same job as my wife do) is advertised as well by this other department since Wednesday.

    Was HR wrong by not mentioning this?
    Should HR actually offer this job first to my wife as she is on adoption leave?

    Was the company wrong by insisting that all this has to be in person and a teleconference/letter other communication methods are not possible in light of the early weeks we are into the adoption (this is a crucial attachment period).

    Another thing cross my mind, they had the entire year to do this but waited and started this now even though HR applied/negotiated the entire adoption leave process to begin with?


    If my wife decide to appeal should she take the path of the poor selection criteria as she was the only female in her department for so long (there is another woman doing the same job but she just came back from maternity).

    My wife fully understand that there is less work to go around but we are just a bit poplex why now when all the stress of a little one is here and she can't really put her mind fully to this invasion.

    They have no union where she work but would it be a good step to join a union now or is it too late when the qualifying benefits for new members only kicks in 3 or 4 month after joining (from Unite's web site)?

    Sorry but it came out longer than intended.:eek:

    Hi

    This is a complex and stressful situation. Your wife has had a meeting and been told that her position is 'at risk' in terms of redundancy.

    And employer should follow a proper procedure for selection for redundancy, if not this could be unfair.

    We would suggest that you contact ACAS - www.acas.org.uk
    Helpline - Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.

    For face-to face advice from your nearest CAB - www.adviceguide.org.uk on R hand side of home page 'Get Advice' and post code search.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • There is an organisational change at my work and I am at risk of redundancy. I am trying to find a definition of "suitable alternative employment" but everything seems a bit wooly!

    Who can decide what is "suitable"?

    The jobs at the next grade down from me are graded at about £11k less than my own - can I refuse due to the huge disparity in pay and still be entitled to a redundancy payment? :wall:

    Thanks
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    speckylh wrote: »
    There is an organisational change at my work and I am at risk of redundancy. I am trying to find a definition of "suitable alternative employment" but everything seems a bit wooly!

    Who can decide what is "suitable"?

    The jobs at the next grade down from me are graded at about £11k less than my own - can I refuse due to the huge disparity in pay and still be entitled to a redundancy payment? :wall:

    Thanks

    Hi
    Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:
    • the sort of job it is
    • the pay you will get
    • the hours you'll have to work
    • where the job is located
    • your skills, abilities and personal circumstances.
    There is information on our website www.adviceguide.org.uk
    on this, and following on, the right to try out an alternative job.

    You may also want to talk to the ACAS Helpline:
    Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • Hi
    Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:
    • the sort of job it is
    • the pay you will get
    • the hours you'll have to work
    • where the job is located
    • your skills, abilities and personal circumstances.
    You may also want to talk to the ACAS Helpline:
    Monday-Friday, 8am-8pm and Saturday, 9am-1pm: 08457 47 47 47.

    Thanks for this - what I need to know, though, is about pay - how much of a pay drop is "reasonable" or can your pay be cut drastically and you can't say the new job is "not a suitable alternative"?
  • Hi, I took a year off on maternity leave and someone else was taken to cover for me. They were made permanent in May. I have come back, changing my hours to part=time. I returned at the beginning of July, and we both have different duties but can cover for each other. Last week we were both served with letters about redundancy consultations. It seems that the company wants to restructure, and are centralising some of the other persons tasks and most of mine. They are creating a single role. I'm not sure where I stand on this. The other person is full time but I would consider going full time again. The new job will only be full time because of the content. Surely I'm being discriminated against? Is it worth my while raising a grievance at this time? I thought I had special protection, but have discovered this is only while on maternity leave
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    soapy1458 wrote: »
    Hi, I took a year off on maternity leave and someone else was taken to cover for me. They were made permanent in May. I have come back, changing my hours to part=time. I returned at the beginning of July, and we both have different duties but can cover for each other. Last week we were both served with letters about redundancy consultations. It seems that the company wants to restructure, and are centralising some of the other persons tasks and most of mine. They are creating a single role. I'm not sure where I stand on this. The other person is full time but I would consider going full time again. The new job will only be full time because of the content. Surely I'm being discriminated against? Is it worth my while raising a grievance at this time? I thought I had special protection, but have discovered this is only while on maternity leave


    Good morning,

    A woman who is pregnant or on maternity leave will have been unlawfully discriminated against if her employer treats her unfavourably because she is pregnant or on maternity leave.

    Your employer has served you and the other employee with letters regarding redundancy consultation so to this point is acting correctly. At this stage it may be counter-productive to raise a grievance, as at present it would appear that you have a 'problem' rather than a 'dispute'.

    We would suggest that you contact:
    Maternity Action
    Advice Line: 0845 600 8533 (Wednesday from 5.00pm to 9.00pm; Thursday from 12 noon to 4.00pm; Friday from 8.00am to 12 noon)
    Tel: 020 7253 2288
    Email: available through a form on the website
    Website: www.maternityaction.org.uk
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
  • hi,
    a family member of mine has just been made redundant after 30 years of working for the company in my opinion unfairly........
    the company has had redundancys before they use whats called a matrix system.the last few years my family member has had top marks in nearlly everything. the latest redundancy she got nearlly the lowest in everything only 8/9 months after her last matrix was given to her..........the person that done the points does not like my family BTW E.G she got a low score saying she needs help in what she does yet she was the person that trained new people and had to fix work that was not upto satisfaction that others had done.
    she was the 2nd lowest score in her section.
    then people were told who was being made redundant and most were asked to work till the end of the month before having to leave yet my family member was told to leave straight away
    they did give a good redundancy payment (i think for 30 years service)
    1 other note the bosses "friends" all got a high matrix score even though its obvious they dont work to family members standered.
    they have also started using agency workers now as they are so busy!!!!

    any advice on if this sounds fair or anything she can do would be greatfull
    TY
  • CAB_Malvern_Hills_representativeCAB_Malvern_Hills_representative Organisation Representatives - Private Messages may not be monitored
    153 posts
    martin32 wrote: »
    hi,
    a family member of mine has just been made redundant after 30 years of working for the company in my opinion unfairly........
    the company has had redundancys before they use whats called a matrix system.the last few years my family member has had top marks in nearlly everything. the latest redundancy she got nearlly the lowest in everything only 8/9 months after her last matrix was given to her..........the person that done the points does not like my family BTW E.G she got a low score saying she needs help in what she does yet she was the person that trained new people and had to fix work that was not upto satisfaction that others had done.
    she was the 2nd lowest score in her section.
    then people were told who was being made redundant and most were asked to work till the end of the month before having to leave yet my family member was told to leave straight away
    they did give a good redundancy payment (i think for 30 years service)
    1 other note the bosses "friends" all got a high matrix score even though its obvious they dont work to family members standered.
    they have also started using agency workers now as they are so busy!!!!

    any advice on if this sounds fair or anything she can do would be greatfull
    TY


    Hi

    Your family member would at least be entitled to statutory redundancy pay and notice and her contract might also give her additional entitlements to contractual redundancy pay.

    However as you quite rightly point out there are procedures that must be followed when someone is selected for redundancy otherwise a case of unfair dismissal might arise.

    See the link below for information on redundancy and selection.

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy___procedures_your_employer_must_follow.htm

    As these issues are complex your relation needs to get advice in person to determine whether she has a substantive case and how it might be best resolved. Her redundancy pay and other end of work payments can also be checked at the same time.

    see the link below for information on who can help with the matter (including her local CAB )

    http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/what_help_can_i_get_with_a_problem_at_work.htm

    Hope this helps
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to [email protected] as usual"
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