Redundant, no consultation and less than 12 months service

barneythedinosaur

Can anyone give me some guidance as to my options, I've been made redundant (on the phone!) with immediate effect - because my role is no longer required. I'm told I will not be replaced, however I had already been told that a much more recent hire than I was going to be given half my accounts.

I work, sorry worked in a team of four, three of whom have a geographic region, one who covers it all. I'm the only one who has been made redundant and it's without any consultation.

I have less than 12 months service, but have a one months notice clause in the contract, so will be paid for one month.

Is the redundancy fair ? What are my next steps ?

cr1mson

As you have less than 2 years service (assuming started after 6/4/2012) they can get rid of you very easily and redundancy pay is only payable after 2 years anyway.

I would say move on and talk to them about giving you a good reference to help you find another job.

barneythedinosaur

cr1mson wrote: »

As you have less than 2 years service (assuming started after 6/4/2012) they can get rid of you very easily and redundancy pay is only payable after 2 years anyway.

I would say move on and talk to them about giving you a good reference to help you find another job.

I'm gone - the question was more that as they haven't followed the proper process should I take them to a tribunal ?

I can't past links, as a newbie, but googling "redundant no consultation" there an interesting post on the site.

cr1mson

How could you prove that you were made redundant given that it was over the phone all they would have to say is no we just let him go and it is not a redundancy.

zzzLazyDaisy

Did you start working for the company after 5th April 2012?

If so, you have no right to go to tribunal because you have less than two years' service. The company has no obligation to follow procedures, consult with you, or even have a fair reason for dismissing you. They have done nothing wrong (in law) and all they owe you is your notice pay and any outstanding wages/holiday pay.

Edit - be wary of internet sites, the law changed last year, so you may well be reading out of date information.

barneythedinosaur

cr1mson wrote: »

How could you prove that you were made redundant given that it was over the phone all they would have to say is no we just let him go and it is not a redundancy.

Yeah, that's a point I had been considering - there were three of 'them' on the call - however, isn't it upto them to prove what they've done, and if they can't then my version of events stands ? It certainly wouldn't get in the way of me calling their bluff!

zzzLazyDaisy

barneythedinosaur wrote: »

Yeah, that's a point I had been considering - there were three of 'them' on the call - however, isn't it upto them to prove what they've done, and if they can't then my version of events stands ? It certainly wouldn't get in the way of me calling their bluff!

No. They don't have to prove anything. It won't get that far.

You have no right to make a complaint to an employment tribunal.

LittleVoice

You also need to have something in writing from them that confirms they terminated your employment.

Are they paying your notice but not requiring you to come into work or paying you in lieu of notice?

saterkey

Im not sure its worth the stress of a tribunal etc, especially as your probably dependent on a good reference from them too. Use your energy to put into finding another job, its horrible I know ive had three redundancies and a redeployment so far, and have gone through a tribunal for my partner too.