Unfair dismissal?

zaksmum

superbigal36 wrote: »

Make your clain online immediately.
Note there must have been over 20 people made redundant by the administrator.

Consultation should begin in good time and must begin:

• at least 30 days before the first dismissal takes effect if 20 to 99 employees are to be made redundant at one establishment over a period of 90 days or less
• at least 90 days before the first dismissal takes effect if 100 or more employees are to be made redundant at one establishment over a period of 90 days or less.

There was no consultation period at all. Just went in to work as normal, called to a meeting in the staff canteen, then sent home immediately. Is there a fee to claim the unfair dismissal? Or does she have nothing to lose by claiming?

Thanks for this.

superbigal36

https://www.gov.uk/employment-tribunals/taking-a-case-to-an-employment-tribunal

Will give you all the details. No cost. Good luck but you should not need it.

zaksmum

Thanks so much superbigal

zaksmum

It says there that when the tribunal receives the claim it sends a copy to the respondent. Who is the respondent in this case?

It can't be the employer as the company no longer exists. Would it be the administrators?

And if the claim is successful, who pays the money out?

Is there a fund like that of the Redundancy Payments Office?

superbigal36

The respondent is the Administrator who has made you redundant "in breach of statutory obligations".
Yes once they are found guilty there will likely be no money to pay your award.
There job is purely to maximise income for the company or keep them running while marketing them.
The award will need to be claimed from the govts pot as you indicate. As I have already stated it is subject to maximum amount and time etc.
What would be ideal for you is if the administrator does find a buyer and you end up re-employed. Thats what happened to me. redundancy, tribunal award and a new job (same as old and i actually negotiated better terms).

zaksmum

superbigal36 wrote: »

The respondent is the Administrator who has made you redundant "in breach of statutory obligations".
Yes once they are found guilty there will likely be no money to pay your award.
There job is purely to maximise income for the company or keep them running while marketing them.
The award will need to be claimed from the govts pot as you indicate. As I have already stated it is subject to maximum amount and time etc.
What would be ideal for you is if the administrator does find a buyer and you end up re-employed. Thats what happened to me. redundancy, tribunal award and a new job (same as old and i actually negotiated better terms).

Thanks again superbigal. You have been incredibly helpful and I do appreciate it.

zaksmum

if the max the government will pay is 8 weeks MINUS any notice period - there will be a claim for 90 days notice pay (at the end of the 90 days) from the RPI.

That's more than 8 weeks so if that is deducted from any unfair dismissal award there won't be anything at all payable.

Sorry to sound so thick. Just trying to understand it.

zzzLazyDaisy

Have a look at this booklet. It was published in 2009, but as far as I know part 4 is still correct (this is the section on failure to consult and protective awards).

http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guideforemployees.pdf

You may also find the following useful

http://www.usdaw.org.uk/ourcampaigns/action/woolworths/qandabytherpo.aspx

This is the Q&A issued by USDAW following their successful employment tribunal claim for a protective award as a result of failure to consult during the Woolworths administration ('protective aware' is the compensation that is awarded as a result of a failure to consult). You should note that more than 20 employees must have been made redundant AND if there are different branches, the 20+ rule applies to each separate branch. You should also note how the PA is calculated. Unlike other elements paid by the RPI, to obtain a PA at least one employee must go to tribunal, but the award then applies to all affected employees. To be honest unless it is a large business in administration with union involvement, these cases rarely go to tribunal because the benefits for the individual compared to the stress and time involved in bringing the claim are rarely worth it unless it is a highly paid employee. But that does not mean you should not do this if you feel strongly enough about it.

superbigal36

zaksmum wrote: »

if the max the government will pay is 8 weeks MINUS any notice period - there will be a claim for 90 days notice pay (at the end of the 90 days) from the RPI.

That's more than 8 weeks so if that is deducted from any unfair dismissal award there won't be anything at all payable.

Sorry to sound so thick. Just trying to understand it.

I think you misunderstand. The RP1 will pay you any notice your contract stipulates. Ie most people will have notice of 1 or 4 weeks.
Now say the ET awards you 90 days pays as a protective award.
The max the Govt will pay on the protective award will be 8 weeks pay minus the 1 or 4 you have already been paid as notice.
Therefore in my case I received another 4 weeks pay (capped) as I had 4 weeks notice, and most of my lower paid colleagues who were on 1 weeks notice got 7 weeks full pay.

superbigal36

It was most certainly not stressful or time consuming bringing the ET case as Daisy suggests. As I had already worked out what I would get (knowing I would win) as nigh on 2 grand. Not bad for filling in a couple of forms and turning up to a 10 minute non-defended hearing.
The fact that 23 other people got awards gives you much satisfaction.
The administrators do not have a viable legal defence.

Note memory serves they also deduct any contribution Job seekers money you may get.