I was redundant then I wasen't
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OK. You go with your version of reality if that makes you feel better. I'll stick with mine, since I know it is correct. I didn't say that you shouldn't have looked for another job. I told you what the legal position is, which is what you asked for. What you were or were not aware of is irrelevant. It is your responsibility to know what your legal rights and responsibilities are. The employer knew theirs, and what they did was legal - not underhand in any way. Not even slightly unprofessional. And it was always within your power to stop them doing it. All you had to do was give counter notice. You didn't.
Now I see no point in me continuing to tell you the same thing over and over again. Your employer did nothing wrong. Fixating on this and insisting that black is white five years later is patently pointless.0 -
What is counter notice? Sorry I am unaware of this term.
Your making me out to be some kind of awful person here but I have worked hard all my life, and let me remind you had by the time I was about to be made redundant achieved 28 years service.
You dont know half the story, just prior to being made redundant they tried to do an awful deal with me to rather than be redundant would I stay on with a zero hours contract. I told my union this and they were astonished at that idea. So naturally I rejected that.
Ar the time they made 60 men redundant, and I was one of them. I'm just confused why they did that U turn at the last minute with me thats all. Its plagued me ever since.0 -
Obviously it seems disorganised and unprofessional to reverse an employees redundancy at the last minute. Especially when that employee has been dragged through a hedge backwards emotionally via desellection and lost that. So naturally they are keen to move on to support their family. Why should I feel guilty over that?0
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Blatchford, you seem to know all the answers so let me say why then does the union I pay for agree with me. They now 5 years on just say well sounds typical of my company and that they do what they like regardless of rules.
Explain that one!!0 -
Quite possibly to shut you up because you won't give up on insisting you are right when you aren't, and there is nothing that you can now do about it? I have given you the correct answer. I'm out.renegadefm wrote: »Blatchford, you seem to know all the answers so let me say why then does the union I pay for agree with me. They now 5 years on just say well sounds typical of my company and that they do what they like regardless of rules.
Explain that one!!0 -
renegadefm wrote: »Obviously it seems disorganised and unprofessional to reverse an employees redundancy at the last minute. Especially when that employee has been dragged through a hedge backwards emotionally via desellection and lost that. So naturally they are keen to move on to support their family. Why should I feel guilty over that?
No one is saying that you shouldn't have looked for another job, or feel guilty about it. You are misreading the replies.
5 years is a long time to hang on to a grudge and you're long past the time when you could do anything about it. Whether the company acted correctly or not, you really need to let it go and move on.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Although in many cases counter notice is a slam dunk the employer can contest it and go to tribunal if needed.
https://www.legislation.gov.uk/ukpga/1996/18/section/136
3. basically says you can counter notice and it still counts as a dismissal, not a resignation.
https://www.legislation.gov.uk/ukpga/1996/18/section/142
Is what the employer needs to do to counter back
the key is(3)An [F1employment tribunal] may determine that the employer is liable to make an appropriate payment to the employee if on a reference to the tribunal it appears to the tribunal, having regard to—
(a)the reasons for which the employee seeks to leave the employment, and
(b)the reasons for which the employer requires him to continue in it,
to be just and equitable that the employee should receive the payment.
The employer needs a very good reason to keep the employee
Having a job to go to trumps no job soon in most cases.
Plenty of articles and discussion around about counternotice and how it works.0 -
I think it seems a real shabby thing to do to you OP
It really does.
I have been made redundant once and although I had not worked at the company long enough for a decent payout, when the news sunk in -I did welcome it.
Maybe, just maybe, you need a change now. Would you consider looking for another job? you are obviously unhappy in your job and have been for some considerable time …With love, POSR
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OP, you're not an awful person and Blatchford is not insinuating you are.
What they are saying is simply this
1. The employer broke no laws in retracting the redundancy
2. As you had secured a new job there were certain procedures you had to follow to ensure you were made redundant. Due to poor/lack of advice from your union, you failed to do this and thus lost out on your redundancy payment.
You could have resigned and taken the new job but chose not to. But the new job may not have worked out or you could have been let go (very easy in the first 2 yrs).
Stop dwelling on this.
It was 5 yrs ago. Move on. The past is the past, it cannot be altered. You still have a job, which if you no longer like, find another one. Learn from this.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
To be fair, the OP indicates that they didn't ask their union until after it was too late to do anything. The answer the union gave indicates that they knew full well about counter notice and the fact that there was an option to set the redundancy - but only if it was done before the redundancy was retracted. I wouldn't want to give the impression that the union were incompetent - there's no evidence of that.lincroft1710 wrote: »OP, you're not an awful person and Blatchford is not insinuating you are.
What they are saying is simply this
1. The employer broke no laws in retracting the redundancy
2. As you had secured a new job there were certain procedures you had to follow to ensure you were made redundant. Due to poor/lack of advice from your union, you failed to do this and thus lost out on your redundancy payment.
You could have resigned and taken the new job but chose not to. But the new job may not have worked out or you could have been let go (very easy in the first 2 yrs).
Stop dwelling on this.
It was 5 yrs ago. Move on. The past is the past, it cannot be altered. You still have a job, which if you no longer like, find another one. Learn from this.0
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