Badly managed redundancy

Author
Discussion

C.A.R.

Original Poster:

3,967 posts

188 months

Wednesday 3rd September 2014
quotequote all
Before I start I think that - legally - we don't have a leg to stand on with this matter...

Fiancée worked at a dental practice for just over 12 months and her contract was terminated today after a sweep of redundancies. Dental practice is small and she worked part-time, average of 8 hours a week. Throughout the employment she was nothing but willing to work out of hours appointments, was reliable and able to cover for her peers at short notice.

1 month ago the 1st redundancy letter landed on the doorstep - bummer - there are 8 nurses / assistants on the list and a further meeting is scheduled. Normal hours are maintained until then.

Meeting comes around together with a 2nd letter - basically she has been short listed (now one of 3) for the redundancy - this was 2 weeks ago. Fair dos, these things happen and she had already started looking for another job.

Second meeting is scheduled and a redundancy 'package' is promised as they don't want to have to let anyone go. The offer is the equivalent of 8 weeks work - approx £400.

Unfortunately whilst the letter prior to this meeting stated she could attend with a colleague or trade union representative she went alone and the package was never put onto paper - the only record being the meeting between my fiancée, the practice manager and the practice owner.

Mind put at ease a little that this money will cover her if she shouldn't find a job in the next 6-8 weeks as she won't be 'short'.

Perhaps it was naive, but it was certainly far too trusting.

Normal hours continue to be worked.

Fast forward to today and she was pulled into a meeting - foregone conclusion really - but low and behold they (by their own admission) have to 'retract their previous offer' as they 'can't afford it after looking at the books'. The new offer - 1 weeks pay.

Obviously disheartened and rightfully angry she quizzed them over it but they wouldn't budge.

I appreciate the law realises that anything less than 24 months employment doesn't entitle you to a penny, but I'm also furious that they have treated her this way.

All along I insisted that she continue to work every last hour to try to avoid them having reason to let her go or put their offer at risk of not being recalled.

As I said at the start, I don't think there's anything we can do about it. The offer of 1 weeks pay is already more than she is 'entitled' to, but it still boils my piss that they stood in front of her today and even said that they regrettably have to retract their offer.

This is a dental practice which takes in thousands of pounds a day, so their excuse is pathetic. More likely they have looked into it and decided "wait, we don't have to give her a penny!" And they're probably delighted about it too.

So what, if anything, would you do?

V8forweekends

2,481 posts

124 months

Wednesday 3rd September 2014
quotequote all
She has my sympathy - I've been made redundant - and without the offer of anything much. The simple answer is don't be bitter - if she needs an open reference or some paperwork from these folk, ask now and get it all done before leaving - it's always harder to get after the fact. Then, as much as it sticks in her craw, say goodbye and move on.

Sadly the world does contain some grade A gits, but looking on the positive side, she now doesn't have to have anything more to do with them and at least she found out before dedicating years to working for some folk who do stuff like this.

My sister is a hygenist and despite stable employment, things have been very rocky from time to time with partnership politics and so on.

voyds9

8,488 posts

283 months

Wednesday 3rd September 2014
quotequote all
C.A.R. said:
This is a dental practice which takes in thousands of pounds a day, so their excuse is pathetic. More likely they have looked into it and decided "wait, we don't have to give her a penny!" And they're probably delighted about it too.

So what, if anything, would you do?
This is probably correct, however, taking thousands of pounds per day isn't the same as making profit.

Generally firms who are making a lot of money are adding the little extras, new TV in the waiting room, update uniforms, new car for director.

As they are looking at redundancies you may well find that this isn't the last.

Getting rid of someone (redundancy or sacking) isn't an easy process and with smaller firms it generally hits harder as it is someone you have worked closely with.

Good luck with her job hunting

johnny fotze

394 posts

125 months

Wednesday 3rd September 2014
quotequote all
voyds9 said:
This is probably correct, however, taking thousands of pounds per day isn't the same as making profit.

Generally firms who are making a lot of money are adding the little extras, new TV in the waiting room, update uniforms, new car for director.

As they are looking at redundancies you may well find that this isn't the last.

Getting rid of someone (redundancy or sacking) isn't an easy process and with smaller firms it generally hits harder as it is someone you have worked closely with.

Good luck with her job hunting
Thousands of pounds a day takes some spending for a small firm. They could replace the telly every day for extra half hours savagery. Dentists fill our mouths with mercury, whilst stuffing their own with gold.

(with thanks to NB)

C.A.R.

Original Poster:

3,967 posts

188 months

Wednesday 3rd September 2014
quotequote all
I appreciate all of that, the redundancies came as a result of downsizing - one dentist upped and left and as a result there were too many nurses and not enough hours to go around.

I think I'm more just p*ssed at the lack of principal. She did what she could for them in the last days being employed there and they respond with by retracing their offer and going back on their word.

She was made to feel like she was doing them a favour by volunteering herself for the redundancy at the first meeting (as she was interested in another job at the time).

She has a key to the practice but I have advised her not to return it until she has been paid her wages due to date (payroll is on the 18th).

anonymous-user

54 months

Thursday 4th September 2014
quotequote all
The employee provided no consideration for the offer to pay eight weeks' wages, so no contract to pay that amount was formed. The employee has no statutory or contractual claim on the facts stated.

Rude-boy

22,227 posts

233 months

Thursday 4th September 2014
quotequote all
As OP stated they acknowledge that there is no legal ground for complaint.

Sadly in many areas the days of people thinking before they open their trap and make offers that they can't back up are gone. It also appears that there are less and less principled people who will stand by their word.

Sadly it has cost the OP's lady £700 to find out that her soon to be ex bosses have a deficiency of character. She would do will to remember this for future, it is a very small World I have found and, regardless of which direction you cross a bridge, it is unwise to burn it. You never know what the future holds.

C.A.R.

Original Poster:

3,967 posts

188 months

Wednesday 10th September 2014
quotequote all
Thanks for all the responses.

Something else occurred today completely out of the blue - another one of the nurses has started writing abusive messages on my fiancee's facebook wall about her previous employment.

Previously there was bickering and a general sense of dislike amongst all of them at the practice, but it was all kept hush-hush so my fiancee could just get on and do her duties and get paid.

Now that it has taken this turn, following a redundancy which wasn't correctly carried-out, do you think the employers would be interested to see a copy of the spiteful messages left by one of their current employees?

For what it's worth, my fiancee still isn't due to be paid until the 18th - but she still holds a key to the property which I've advised her to hold onto until everything is settled.

SHutchinson

2,040 posts

184 months

Wednesday 10th September 2014
quotequote all
C.A.R. said:
do you think the employers would be interested to see a copy of the spiteful messages left by one of their current employees?
No.

C.A.R. said:
For what it's worth, my fiancee still isn't due to be paid until the 18th - but she still holds a key to the property which I've advised her to hold onto until everything is settled.
I'd advise her to give it back. Holding on to it serves no purpose and there is a legal entitlement for them to pay her remaining salary.

I don't think there's anything to gain at this point.

Troubleatmill

10,210 posts

159 months

Wednesday 10th September 2014
quotequote all
Best way forward IMO. ( others will likely disagree )

1/ Don't bad mouth the company. Always have good things to say about the company. It is a small world - and it can come back to haunt you.

2/ Remove anything defaming the company from you fiancee FB wall

3/ Too bad about not getting anything in writing - now she knows better.

4/ Don't take it personally. The role is redundant. There are other jobs out there.

5/ Even if the practise takes in thousands a day - you can bet its costs will be thousands a day too.

6/ Buy her a copy of "Who moved my cheese?"

7/ Do something nice with her to cheer her up