Redundancy question
Discussion
I spent 4 years with my last company. Near the end of my employment I was looking for another job as wasn’t happy. Middle of July it was announced redundancies would be happening. I was one. Received 2 weeks notice and 1 months pay.
Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
edwardsje said:
Even if you got "your job" back, you shouldn't be repaying redundancy. If it was a bona fide redundancy, that's it.
As it happens, they overcooked the redundancy(ies) a bit, new work has come in in the meantime, and they are hiring someone into a new role.
Ok thanks I just thought that if the bloke was doing the exact same role as myself that they had to ask me back in writting within 6 months of getting rid of me.As it happens, they overcooked the redundancy(ies) a bit, new work has come in in the meantime, and they are hiring someone into a new role.
moanthebairns said:
I spent 4 years with my last company. Near the end of my employment I was looking for another job as wasn’t happy. Middle of July it was announced redundancies would be happening. I was one. Received 2 weeks notice and 1 months pay.
Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
This is unfair dismissal. People aren't made redundant, ROLES are.Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
Your role is NOT redundant. Someone else is doing it.
If you signed an agreement to waive your rights (a compromise agreement) then you cannot do anything, but if you didn't then you are well within your rights to pursue this.
I believe the employer has no legal obligation to offer you that job. However, if challenged, they would have to prove that things have changed to warrant this job again. IE. upturn in the market etc. You could possibly have a claim for unfair dismissal especially as you say they had a good idea the job would be made available again.
Vesuvius 996 said:
moanthebairns said:
I spent 4 years with my last company. Near the end of my employment I was looking for another job as wasn’t happy. Middle of July it was announced redundancies would be happening. I was one. Received 2 weeks notice and 1 months pay.
Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
This is unfair dismissal. People aren't made redundant, ROLES are.Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
Your role is NOT redundant. Someone else is doing it.
If you signed an agreement to waive your rights (a compromise agreement) then you cannot do anything, but if you didn't then you are well within your rights to pursue this.
), but surely if it was the case at the time of the redundancy that the amount of work had decreased, then that is a fair reason for dismissal. That's the test. OK, so then work has picked up afterwards, and they have to hire someone else, but employers can't be expected to have foresight like this, they can only act on what was reasonable for them to know or forsee at the time they make the decision.
Happens a lot in the motorsport industry near me.
Vesuvius 996 said:
moanthebairns said:
I spent 4 years with my last company. Near the end of my employment I was looking for another job as wasn’t happy. Middle of July it was announced redundancies would be happening. I was one. Received 2 weeks notice and 1 months pay.
Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
This is unfair dismissal. People aren't made redundant, ROLES are.Was told however in a few months time they may approach me when work picks up.
After 3 weeks got a job as a QA inspector, that afternoon I had my old gaffer call me saying they were going to ask me back as he couldn’t cope and work had picked up.
I popped into my old work yesterday to pick up my P45 to discover they are starting an Indian chap in my role on less than a grand that what I was. Then they plan to ship him off to the middle east after 6 months.
I have no intention going back as I would have to take a 4 k drop in pay and loose my 2 k redundancy. But can they legally approach someone else without asking me back in writing?
Your role is NOT redundant. Someone else is doing it.
If you signed an agreement to waive your rights (a compromise agreement) then you cannot do anything, but if you didn't then you are well within your rights to pursue this.
BIT MORE INFO
the company employed 3 technicians and 1 lab manager.
redundancy was announced.
the also announced that the managers role would be going.
interviews were held.
there were 1 full time position and one half time position.
My old gaffer got the full time position and the older boy got the half time position (however is still working full time)
This indian chap has spent 5 years in uni and is to be employed for six months doing my job then shipped to the middle east to work.
I however would not be shipped to the middle east.
Big Rod said:
I thought there was some legal standpoint whereby if a company makes redundancies then they're not permitted to hire anyine for a certain amount of time?
Many companies do have self-imposed limits, such that people cannot return within a specific period, especially if they provide enhanced redundancy payments, but this isn't a statutory provision.Edited by edwardsje on Tuesday 26th August 11:07
I should also point out I faced redundancy before.
One position was to go a few year ago.
interviews where held then the bloke a few years older than me was given his books.
A couple of weeks later a couple of the bosses sons were coming in trying to do what they could of the blokes job (labouring mostly) for 5 or 6 weeks.
Ok the boy that was made redundant was a bit of a fud. However everyone felt they got rid of him wrongly.
One position was to go a few year ago.
interviews where held then the bloke a few years older than me was given his books.
A couple of weeks later a couple of the bosses sons were coming in trying to do what they could of the blokes job (labouring mostly) for 5 or 6 weeks.
Ok the boy that was made redundant was a bit of a fud. However everyone felt they got rid of him wrongly.
Edited by moanthebairns on Tuesday 26th August 11:14
moanthebairns said:
Vesuvius 996 said:
If you signed an agreement to waive your rights (a compromise agreement) then you cannot do anything, but if you didn't then you are well within your rights to pursue this.
I never signed nothing when I left.You should have been given an agreement which they then should have paid for you to have checked by a lawyer. This would be your agreement to leave the company in exchange for X amount of money and in return you won't sue them for breaking your contract, or something to that effect.
moanthebairns said:
Was told one to one. Told I could take the rest of the day to clear out my gear in tools.
Never signed anything, never even recieved a letter.
was told id get paid for work I did this month 2 weeks notice because im under 22 (f
king ageism in the work place!!!)
and given a months pay.
Then they are banged to rights in any tribunal - breach of procedure (there was none)! Tribunal can even award an extra payment for this without the tribunal continuing.Never signed anything, never even recieved a letter.
was told id get paid for work I did this month 2 weeks notice because im under 22 (f
king ageism in the work place!!!)and given a months pay.
i think you're answered it yourself:
your job in the UK disappeared. a new job appeared 'in the middle east', this chap got it, he's now in the UK training for 6 months before going to his permanent place of work ('the middle east').
ergo: tough titties. i'd still check with citizens advice or something though 9or if you can afford it, a proper solicitor!
your job in the UK disappeared. a new job appeared 'in the middle east', this chap got it, he's now in the UK training for 6 months before going to his permanent place of work ('the middle east').
ergo: tough titties. i'd still check with citizens advice or something though 9or if you can afford it, a proper solicitor!
Edited by briSk on Tuesday 26th August 13:22
briSk said:
i think you're answered it yourself:
your job in the UK disappeared. a new job 'in the middle east', this chap got it, he's now in the UK training for 6 months before going to his permanent place of work ('the middle east').
ergo: tough titties. i'd still check with citizens advice or something though 9or if you can afford it, a proper solicitor!
exactly what I thoughtyour job in the UK disappeared. a new job 'in the middle east', this chap got it, he's now in the UK training for 6 months before going to his permanent place of work ('the middle east').
ergo: tough titties. i'd still check with citizens advice or something though 9or if you can afford it, a proper solicitor!
You're still young - even if you did take action against them (and won) your restitution would be miniscule - so just forget about them and get on with your life.
Don't even consider going back though - no matter how sweet the offer - bad employers are bad employers and next time the order book is thinning out they'll behave the same.
Don't even consider going back though - no matter how sweet the offer - bad employers are bad employers and next time the order book is thinning out they'll behave the same.
Edited by V8mate on Tuesday 26th August 13:29
Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff