What would you do?
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Gettingtherequickly
Posts: 4,682 Forumite
Met a friend last night who hit me with the bombshell that she had been made redundant, well that is how the employer was initially trying to do it.
She went into work, first day back from holiday and was immediately told that she was "being made redundant, sign this". She refused to sign anything a) because employer wanted it signed unread, not going to happen & b) she was reeling from the shock.
A little background, worked there just shy of 20 years, did the accounts, orders, liaised with customers & factory re orders (bespoke manufacturing company, factory in another part of country), etc. Company grew dramatically a few years ago so another person employed to do the accounts as that is a transferable skill, knowing the business inside out is obviously niche and that was her forte. 2019 and business has slowed, manufacturing side working short week, but nothing that they haven't been through before and run up to Christmas is always busy.
Anyway, there was no consultation or warning about job losses, just the proclamation the day she went back to work that she was being made redundant, hand over your keys, the company bank card and given enough time to pick up personal possessions. Oh, and that the company would make a contribution to cost of legal advice.
Having spoken to and then met the solicitor, he has written to the employer to advise that this was actually unfair dismissal (she wasn't even being paid the notice period required). Employer has replied the offer is all you are getting, sign by end of this week, or it will be withdrawn and you will be dismissed for gross misconduct! Charming.
She now doesn't know what to do. There is always a risk, even with an excellent case, on losing an unfair dismissal, but she wants to be treated fairly. At this stage, she just wants it over with so she can move on, so is tempted to take the offer. What are other peoples thoughts?
She went into work, first day back from holiday and was immediately told that she was "being made redundant, sign this". She refused to sign anything a) because employer wanted it signed unread, not going to happen & b) she was reeling from the shock.
A little background, worked there just shy of 20 years, did the accounts, orders, liaised with customers & factory re orders (bespoke manufacturing company, factory in another part of country), etc. Company grew dramatically a few years ago so another person employed to do the accounts as that is a transferable skill, knowing the business inside out is obviously niche and that was her forte. 2019 and business has slowed, manufacturing side working short week, but nothing that they haven't been through before and run up to Christmas is always busy.
Anyway, there was no consultation or warning about job losses, just the proclamation the day she went back to work that she was being made redundant, hand over your keys, the company bank card and given enough time to pick up personal possessions. Oh, and that the company would make a contribution to cost of legal advice.
Having spoken to and then met the solicitor, he has written to the employer to advise that this was actually unfair dismissal (she wasn't even being paid the notice period required). Employer has replied the offer is all you are getting, sign by end of this week, or it will be withdrawn and you will be dismissed for gross misconduct! Charming.
She now doesn't know what to do. There is always a risk, even with an excellent case, on losing an unfair dismissal, but she wants to be treated fairly. At this stage, she just wants it over with so she can move on, so is tempted to take the offer. What are other peoples thoughts?
A smile costs little but creates much 
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Comments
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Gettingtherequickly wrote: »She went into work, first day back from holiday and was immediately told that she was "being made redundant, sign this". She refused to sign anything a) because employer wanted it signed unread, not going to happen & b) she was reeling from the shock.
What was this document - does it remain unsigned?0 -
You friend has a solicitor. No opinion offered here will carry more weight than his solicitors advice.0
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This is definitely one to get the solicitor involved in. It sounds as if your friend might have to take it to the Employment Tribunal.0
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I would challenge this.
Your friend is entitled to statutory redundancy pay and pay in lieu of notice.
Citizens Advice's website has details on how to complain to the employer, ACAS and then an Employment Tribunal. Their are time limits though, so your friend needs to get a wiggle on.
If they have home insurance they may well have some legal cover that will represent them to the employer and at the tribunal.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
Having been made redundant from a solicitors and having been told by ACAS I have a claim for unfair redundancy I would not take solicitors advice regarding redundancy!!!
Go to ACAS0 -
millymolly22 wrote: »Having been made redundant from a solicitors and having been told by ACAS I have a claim for unfair redundancy I would not take solicitors advice regarding redundancy!!!
Go to ACAS
After having advice from ACAS about the firm I was working for not making reasonable adjustments for my disabilities I would not take advice from them again!Mortgage started 2020, aiming to clear it in 2026.0
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