Weird redundancy

brightstar72

Hi all - i've just been called into work in this morning 'for a chat' - i have been furloughed since march and i am hearing i am going to be made redundant - i am 50% of the sales team along with another guy who started the same time as me - next week would have been our 12 months - if they do make me redundant does my notice period come into  play towards the 12 months ? Is there anything else i need to be aware of ? TIA

Grumpy_chap

Yes, if the year anniversary falls within the notice period, then that counts as length of service.  However, employee rights are virtually nil for the first 2 years.

General_Grant

brightstar72 said:

Hi all - i've just been called into work in this morning 'for a chat' - i have been furloughed since march and i am hearing i am going to be made redundant - i am 50% of the sales team along with another guy who started the same time as me - next week would have been our 12 months - if they do make me redundant does my notice period come into  play towards the 12 months ? Is there anything else i need to be aware of ? TIA

What do your written particulars of employment say about notice periods?  Statutory notice to be given by the employer is one week (that kicked in after you had been there a month so no difference there).  Your contract (those written particulars) may give something more - check what notice the employer has to give you, not what you have to give them as it may not be the same from both sides.

brightstar72

So less than 12/24 months - they can just say 'youre redundant' - i have a feeling they are going to keep the other guy (he is related to the boss) even though we started at the same time ?

General_Grant

Redundancy is a fair reason for dismissal (it is a "dismissal on the grounds of redundancy").

In connection with redundancy, the 24 months mark is when statutory redundancy pay would come into play.

If selecting between staff for redundancy they should use a fair process but the criteria for selection can be manipulated.

It is also possible that if someone who has been with the company longer could do the role and they need to cut back overall, that person could be kept on and, in your example, both of you currently in the role could be facing redundancy.  That could be the less expensive option for the employer.

I don't suppose you are in a trade union?

Grumpy_chap

brightstar72 said:

So less than 12/24 months - they can just say 'youre redundant' - i have a feeling they are going to keep the other guy (he is related to the boss) even though we started at the same time ?

Yep, less than 2 years, barely any rights
Regarding keeping the other guy because he's related to the boss, you may well be correct (how closely related?).  However, there has to be a fair process for selection for redundancy.  Given that this is a sales role, if your ability to 'close the deal' is markedly better than the other guy, that need may trump any family loyalties.  Especially in this time of tightened belts all round, I would not want someone getting the orders in for the company that was not the best there could possibly be at getting the orders in.  All may not be lost.

dd95

even with less than two years service, the redundancy could be deemed unfair dismissal if you can prove you were dismissed for a discriminatory reason, for asserting a statutory right, whistleblowing etc. If you can prove that you were discriminated against (eg if the other person was kept on because he was male and you are female) then you could claim UD

brightstar72

Thanks all - update: called into the office for a chat with the MD, he said sorry to do this but we're going to have to make you redundant, i asked about yhe other sales guy and was told he would be kept on in a slightly different role helping with an ISO accreditation and assisting service department - i have been there longer than him (only by a fortnight) and my sales are WAY better than his - no other factors - i just assumed we would have both been considered for this role - he said they're going to write to me 

sharpe106

Did you ask him why you were unable to apply for this role? As there is another job then you both should have been given the opportunity to apply for it.