Redundancy Obligations

Inprint_Litho

Hi I have recently been made redundant after serving 5 years as a production manager with my employer.
My issue is that the employer never held a consultation about impending redundancies (4 in total), nor have they given the opportunity for alternative employment in the company. The decision to make me redundant was made whilst i was on holiday and a letter was sent recorded delivery informing me that i had been made redundant which I was unable to receive as I was on holiday. I had to be informed by my staff that I had been made redundant. I eventually received the letter 4 days after the termination of my employment stated in the said letter. Please help, I feel I have been treated appallingly by this company and don't know where I stand legally. I do not want anyone to go through the same situation that I have and want to make an example of them!!

elsien

Have a look at the redundancy rights page on gov.uk. .Are you in a union, as if you are they're going to be your best starting point.

Inprint_Litho

elsien wrote: »

Have a look at the redundancy rights page on gov.uk. .Are you in a union, as if you are they're going to be your best starting point.

Thanks for the reply, there is no union to ask for help but I have appealed the decision and am compiling my response ready for the hearing so any tips gratefully received!!

elsien

Doesn't matter if the company recognises unions or not, if you belong to a union as an individual tney can still help and represent you. Have a look at the page I mentioned, it tells you what the company should legally have done. Do the company have a redundancy procedure, and if so what does it say?

Inprint_Litho

elsien wrote: »

Doesn't matter if the company recognises unions or not, if you belong to a union as an individual tney can still help and represent you. Have a look at the page I mentioned, it tells you what the company should legally have done. Do the company have a redundancy procedure, and if so what does it say?

Right I've had a good look and this is what I've found:

4. Notice periods
You must be given a notice period before your employment ends.

The statutory redundancy notice periods are:

at least 1 week’s notice if employed between 1 month and 2 years
1 week’s notice for each year if employed between 2 and 12 years
12 weeks’ notice if employed for 12 years or more
Check your contract. Your employer may give you more than the statutory minimum, but they can’t give you less.

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5. Consultation

You’re entitled to a consultation with your employer if you’re being made redundant. This involves speaking to them about:

why you’re being made redundant
any alternatives to redundancy
You can make a claim to an employment tribunal if your employer doesn’t consult properly (eg if they start late, don’t consult properly or don’t consult at all).

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6. Suitable alternative employment
Your employer might offer you ‘suitable alternative employment’ within your organisation or an associated company.

Whether a job is suitable depends on:

how similar the work is to your current job
the terms of the job being offered
your skills, abilities and circumstances in relation to the job
the pay (including benefits), status, hours and location
Your redundancy could be an unfair dismissal if your employer has suitable alternative employment and they don’t offer it to you.

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None of the above have been adhered to or mentioned to me before termination of my employment. I was also given 4 weeks notice and not the 5 weeks statutory minimum suggested on the gov.uk site.

Looking through these points I am eligible for an employment tribunal based on point 5.Unfair dismissal on point 6 and they owe me an extra weeks notice as they only gave me 4 weeks when for my length of service (5years) when it should have been 5 weeks (the statuary minimum).

Thanks for your help!!!

McKneff

Are you 100% sure it is 5 full years.....

Inprint_Litho

McKneff wrote: »

Are you 100% sure it is 5 full years.....

Hi McKneff,

Started Sept 2009 End Dec 2014.

getmore4less

Service for statutory notice is the day it is given.

Service for redundancy is the termination date or the later date if the statutory notice would take you beyond the termination date

5 years service gives min 5 weeks notice
5 years service for redundancy is 1week(capped) per year with additional 1/2 week for every birthday 42 and over.

Inprint_Litho

getmore4less wrote: »

Service for notice is the day it is given.

5 years service gives min 5 years notice and 5 years service for redundancy at 1week(capped) per year with 1/2 week for every birthday 42 and over.

Sorry I'm a little confused by this?

getmore4less

I have added some more words.

Another_not_new_user

Let's cut to the quick. If you have done five years you get five weeks notice pay (which you may have to work) unless your contract says otherwise for notice. Redundancy pay depends on your age and service, plus your contractual conditions.




Beyond that, I am guessing, but a small employer, no other jobs, and tough luck but you were on leave when the decision was made? What do you really think an employment tribunal is worth when you deduct your fees from what you MIGHT win?