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Unfair dismissal dressed as redundancy

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Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    OP I feel your frustration and sense of betrayal, but everything you say points to this being a business decision not to continue with your post - for all the reasons that you are raising.

    That is not a 'dismissal dressed up as redundancy', it is a genuine redundancy situation, which is one of the 5 fair reasons for dismissal under the legislation.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • MisterMan_2
    MisterMan_2 Posts: 67 Forumite
    edited 8 July 2013 at 6:12PM
    It is only standard where the employee has something to bargain with.

    He's already lost everything, what can possibly be the harm in trying to negotiate better terms? I imagine it's this attitude that got him to be successful in his career until this point. All manner of things could happen, including the MD taking a compassionate stance.

    As the saying goes "let other fail you"...
  • jacques_chirac
    jacques_chirac Posts: 2,825 Forumite
    MisterMan wrote: »
    He's already lost everything, what can possibly be the harm in trying to negotiate better terms? I imagine it's this attitude that got him to be successful in his career until this point. All manner of things could happen, including the MD taking a compassionate stance.

    As the saying goes "let other fail you"...

    An employer may take a compassionate stance with a reasonable employee. An employee trying not to negotiate a ridiculous severance package when he has nothing to bargain with is unlikely to receive a compassionate response - humility tends to be a two way thing.

    I have no idea what saying you refer to. Nor does Google!
  • MisterMan_2
    MisterMan_2 Posts: 67 Forumite
    An employer may take a compassionate stance with a reasonable employee. An employee trying not to negotiate a ridiculous severance package when he has nothing to bargain with is unlikely to receive a compassionate response - humility tends to be a two way thing.

    I have no idea what saying you refer to. Nor does Google!

    It's some advice I was once given by a German work colleague so maybe it's not used over here, though I thought it's meaning was clear enough.

    It means don't *not do* or *not apply* for something just because you think the people holding the purse strings or the key to whatever it is you want will say no, let person in the position to make the decision do it, don't do it for them.
  • jacques_chirac
    jacques_chirac Posts: 2,825 Forumite
    MisterMan wrote: »
    It's some advice I was once given by a German work colleague so maybe it's not used over here, though I thought it's meaning was clear enough.

    It means don't *not do* or apply for something just because you think the people holding the purse strings or the key to whatever it is you want will say no, let person in the position to make the decision do it, don't do it for them.

    There's a far simpler saying that applies here - don't burn your bridges. The OP would be far better advised to focus on agreeing a good reference, even asking the MD if they have any contacts that might be looking for staff. If he wants to work in the same industry again, he needs to keep in mind that people talk - he doesn't want to get a name for being unreasonable.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    What you are saying is you went into a selling situation without knowing the product costs and realistic selling prices to work out if you could make a business selling into the target market.

    The fatal mistake was letting them drop the notice period

    That meant they only had to budget the position for a year(at total loss no sales) and could get out quick after that for very little costs.
  • MisterMan wrote: »
    He's already lost everything, what can possibly be the harm in trying to negotiate better terms? I imagine it's this attitude that got him to be successful in his career until this point. All manner of things could happen, including the MD taking a compassionate stance.

    As the saying goes "let other fail you"...

    Thank you for your kind words, it's seems there is far to many people/smart alecs on this "help forum" willing to stick the knife in to someone down on their luck. Rest assured karma has a funny way of stinging these people in the backside :rotfl:
  • What you are saying is you went into a selling situation without knowing the product costs and realistic selling prices to work out if you could make a business selling into the target market.

    The fatal mistake was letting them drop the notice period

    That meant they only had to budget the position for a year(at total loss no sales) and could get out quick after that for very little costs.


    Eye-in-sight is indeed a wonderful thing, thank you kind sir for your invaluable contribution.
  • MisterMan_2
    MisterMan_2 Posts: 67 Forumite
    There's a far simpler saying that applies here - don't burn your bridges. The OP would be far better advised to focus on agreeing a good reference, even asking the MD if they have any contacts that might be looking for staff. If he wants to work in the same industry again, he needs to keep in mind that people talk - he doesn't want to get a name for being unreasonable.

    Unless the OP has been unreasonable in the tone in which he asked for his demands, I don't see why he can't do this, too.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Eye-in-sight is indeed a wonderful thing, thank you kind sir for your invaluable contribution.

    It is important to negotiate the exit package on the way in, often a bit easier than on the way out.

    if the punters are buying competitors products how are they making money,

    You blame the failure on the companies inability to make/deliver the products cheap enough, what have you done to try and address that?
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