Could lose my job within 48 hours

Moonflowers

Yesterday I was asked to go to a meeting. When I got there I was told my job is at risk of redundancy. It was completely out of the blue. I was given a letter detailing reasons why they think my role should be made redundant. I was told there would be a meeting Tay for me to respond.

So I presented my arguments today & was told there will be a meeting tomorrow when I will be told the result. I was also told then I can turn up tomorrow & say I want voluntary redundancy & get more money.

Firstly, can this really happen so quickly legally?
Am I foolish not taking voluntary in the hope that my arguments persuaded them against it?

Can I ask for extras if they turn up tomorrow and tell me I've got to go?

I'm really scared & would appreciate any advice and help.
Thanks

Dogger69

How long have you been employed? Is it a large company, and is it only your role that is at risk?

Moonflowers

I've been there 12 years and it seems to be just me, they're looking at our resources and how they can do things better. Not very big in employee size 25 ish.

patman99

In short, 'no'. They need to run a 30-day consultation period or risk having to pay an extra 90 days redundancy on top. When I got made redundant back in 2010, my then employer miscalculated the 30 days and had some do-gooder not pointed this out, we would have got another 90 days on top of what we ended-up with.

getmore4less

30 days only applies for 20+

They can do it this quick and laying the carrot of VR means you resign if you accept.

if the reasons are they can do stuff better then putting a case that makes you part of the change going forward is the key to staying.
What were their reasons can you propose something better that keeps you

do others do similar jobs so you should be part of a selection pool?

if they are offering a package then look to negotiate a deal

What's the offer so far?

johnwilliam_2

You have been working there from past 12yrs how can they do it for you. You are so experienced.

zzzLazyDaisy

Moonflowers wrote: »

Yesterday I was asked to go to a meeting. When I got there I was told my job is at risk of redundancy. It was completely out of the blue. I was given a letter detailing reasons why they think my role should be made redundant. I was told there would be a meeting Tay for me to respond.

So I presented my arguments today & was told there will be a meeting tomorrow when I will be told the result. I was also told then I can turn up tomorrow & say I want voluntary redundancy & get more money.

Firstly, can this really happen so quickly legally?
Am I foolish not taking voluntary in the hope that my arguments persuaded them against it?

Can I ask for extras if they turn up tomorrow and tell me I've got to go?

I'm really scared & would appreciate any advice and help.
Thanks

OP this time scale would not normally be considered reasonable. Normally an employer would be expected to give the employee a few days to consider the situation and think about what they wish to say and the points they wish to raise. So yes, it is entirely possible that the way they are dealing with this is 'unfair' in the legal sense.

I think they know this, and that is why they are pressing you to apply for voluntary redundancy, since on paper that would be a 'resignation - although a tribunal would almost certainly still view it as a dismissal because of the pressure put on you to 'resign'. BUT (if they have taken advice) it is highly likely that they will insist in you signing a compromise agreement, which removes your right to complain to a tribunal about the way you were treated.

First things first, in your shoes I would contact them and say that you need more time to think about this and it is not possible for you to make such a big decision so quickly.

More important is what has prompted the redundancy situation, and is it genuine. In a redundancy, it is the role that is redundant, not the person.

So it is necessary to know how your role fits into the company's organisation, whether it is a stand alone role or whether you are one of a group of people doing the same work, and how your work will be carried out after you have left. S if you can give us more information, we will be better able to comment.

However, from a pragmatic point of view, once an employer has decided to get rid of an employee, your days are probably numbered, one way or the other.

If you decide to apply for VR you need time to think about what you wish to ask for. One thing to sort out is an agreed reference, so you need to think about that.

I must say, the indecent haste in which this employer is trying to get you out the door suggests that there is more to this than meets the eye - but you'll probably never get to the bottom of it.

getmore4less

johnwilliam wrote: »

You have been working there from past 12yrs how can they do it for you. You are so experienced.

Maybe not in this case, but sometime there is a resistance to change or a reluctance to adopt instigate changes that are good for the business experience is only useful if it has a place going forward.

Moonflowers

Thanks for your replies.

Unfortunately I didn't win my argument & I was made redundant, all within 48 hours of being told my job was at risk. I did get legal advise from my Institute & was told that it was probably procedurally unfair because of the rush but that an MD is entitled to give my job to other people & that I really have no argument.

So now I am jobless & feeling rather stunned, angry & scared.

I've been told that the money I'm getting from the company is taxable & that they will continue to pay my pension contributions during the period of the garden leave pay. However, I'm wondering whether that means they will also by paying NI contributions for me.
Can anyone answer that?

Thanks

nightingalesgarden

Hello MoonFlower,

I'm really sorry to hear about the situation.

If you are on gardening leave (not expected to work but still employed) then your money will go through in the normal manner so NI and tax will be taken.

I presume that you are on 12 weeks notice?

Usually you will be paid your redundancy notice on the pay day following your last working day...Check with your employer, it can be a shock to find you leave on say the 5th, but have to wait until a pay day at the end of the month to get your lump sum.

You do not pay NI on the redundancy payment.

Maestro.

Moonflowers wrote: »

but that an MD is entitled to give my job to other people & that I really have no argument.

That is NOT redundancy. That is bullying someone out of a company because they don't like you, and using redundancy as a cover. If a position is made redundant, your job title disappears and the company is restructured to suit.

...unless you meant spreading your current duties between a variety of other people. If your job is simply to be given "to someone else" then what I've said above applies. Be wary. I've seen this move pulled when a company wanted someone out because they were afraid of tribunals et al if they just sacked the person. Very dirty move but hard to prove as technically the job title could just be changed.