Made Redundant
Discussion
Just after a little advise on a couple of points.
I was made redundant 8 months into a new job which had a probation period of 9 months. I was braught into the company to do something new, setup an entire new division and make a success of it, and I was. Had just employed a couple of people, and 2 internal seconded to my new department. After the initial investment, money & time, to get things up and running, we had started to make a return on the investment and would have been in the "black" for the department within the next 3 months.
No 2 weeks ago now, out of the blue with no warning, the company suddenly has decided to change strategy and direction therefor I am no longer required, along with the rest of the people who were in my team.
No I know there is very little I can do, but so far the company has not given me anything in writing and no confirmation of the severance package that was agreed. Now, it has been mentioned that if they do not confirm everything to me by pay day, 28th, they technically I am still under contract until they do write and confirm and as I am still under contract, they have to carry on paying me. SO if they don't confirm till 10th July for example, they have to pay me until then.
They have already confirmed salary till end of June, all commissions and bonuses, car allowance, un-taken holiday and expenses, but this is what I negotiated with them, but nothing in writing. I have written to them asking for the details etc, but nothing back so far.
Anyone have any thoughts on the pay after confirmation of termination of contract or anything else that I can do?
I was made redundant 8 months into a new job which had a probation period of 9 months. I was braught into the company to do something new, setup an entire new division and make a success of it, and I was. Had just employed a couple of people, and 2 internal seconded to my new department. After the initial investment, money & time, to get things up and running, we had started to make a return on the investment and would have been in the "black" for the department within the next 3 months.
No 2 weeks ago now, out of the blue with no warning, the company suddenly has decided to change strategy and direction therefor I am no longer required, along with the rest of the people who were in my team.
No I know there is very little I can do, but so far the company has not given me anything in writing and no confirmation of the severance package that was agreed. Now, it has been mentioned that if they do not confirm everything to me by pay day, 28th, they technically I am still under contract until they do write and confirm and as I am still under contract, they have to carry on paying me. SO if they don't confirm till 10th July for example, they have to pay me until then.
They have already confirmed salary till end of June, all commissions and bonuses, car allowance, un-taken holiday and expenses, but this is what I negotiated with them, but nothing in writing. I have written to them asking for the details etc, but nothing back so far.
Anyone have any thoughts on the pay after confirmation of termination of contract or anything else that I can do?
Do you still go to the office or did you get placed on 'Garden Leave', did they do this in writing?
You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
Martin4x4 said:
Do you still go to the office or did you get placed on 'Garden Leave', did they do this in writing?
You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
Got placed on garden leave, and no nothing in writing.......yet! This is the whole point, I have been told that if they have not written and confirmed to me by me next pay day I am still under contract so they have to keep paying me, until they inform me in writing. You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
Knew about the other role and employing someone else bit. Will have a read, thanks.
Martin4x4 said:
Do you still go to the office or did you get placed on 'Garden Leave', did they do this in writing?
You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
Are you sure? People can be let go for almost anything if they've worked somewhere for <24 months afaik.You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
TX.
Terminator X said:
Martin4x4 said:
Do you still go to the office or did you get placed on 'Garden Leave', did they do this in writing?
You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
Are you sure? People can be let go for almost anything if they've worked somewhere for <24 months afaik.You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
TX.
Collective redundancy consultation would arise if the employer is making redundant 20 or more people within 90 days.
Chris200 said:
Martin4x4 said:
Do you still go to the office or did you get placed on 'Garden Leave', did they do this in writing?
You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
Got placed on garden leave, and no nothing in writing.......yet! This is the whole point, I have been told that if they have not written and confirmed to me by me next pay day I am still under contract so they have to keep paying me, until they inform me in writing. You are entitled to a consultation period during which they should seek to find you an equivalent position within the company if possible. They cannot recruit an external person to the role if you are skilled for it.
You should read this https://www.gov.uk/redundant-your-rights/overview
Knew about the other role and employing someone else bit. Will have a read, thanks.
Breadvan72 said:
Martin 4x4 no doubt means well, but his advice on redundancy is plain wrong. That is why these fora are useless, really, as they are full of unqualified people dishing out rubbish advice.
That's not necessarily correct - I've learnt lots on this Forum about employment law from the people that post the good stuff - as soon as I read the OP I knew the situation, primarily due to the information gleaned from past questions and the informed answers that came back (amidst the less informed ones)Trick is to learn to sort the wheat from the chaff...
Terminator X said:
Are you sure? People can be let go for almost anything if they've worked somewhere for <24 months afaik.
TX.
Indeed. You have very few rights. Used to be 12 months employment before the ERA kicked in but now it's 24.TX.
In the absence of whistleblowing or discrimination then they can pretty much just say bye then....
e's drawers since the concept was introduced in the 1970s. Breadvan72 said:
Martin 4x4 no doubt means well, but his advice on redundancy is plain wrong. That is why these fora are useless, really, as they are full of unqualified people dishing out rubbish advice.
The information I supplied is correct. Your belief that it doesn't apply in this case doesn't make it wrong.I think Martin might actually be correct in this case (and I say so with at least a medium amount of trepidation!). While it's entirely possible (and quite sensible) to bin someone with less than 24 months' service with just a letter and the minimum notice period, if they call it redundancy they would need to go through the motions I believe.
A similar thing happened to me a couple of years back, when the company made me redundant after 11 months and three weeks, when the unfair dismissal threshold was a year. I'm still not certain why they didn't just let me go, but we did follow the redundancy process, and even had a consultation period (of one day).
A similar thing happened to me a couple of years back, when the company made me redundant after 11 months and three weeks, when the unfair dismissal threshold was a year. I'm still not certain why they didn't just let me go, but we did follow the redundancy process, and even had a consultation period (of one day).
Martin, if you assert that an employee who has no unfair dismissal protection is entitled to be consulted, please point to the statute or statutory instrument that supports that assertion. Government advice websites are not the law and are often wrong.
You appear to be thinking either of individual consultation of an employee who will have two years service when dismissed, or of collective consultation in mass redundancies, but the OP falls into neither category.
You appear to be thinking either of individual consultation of an employee who will have two years service when dismissed, or of collective consultation in mass redundancies, but the OP falls into neither category.
Breadvan72 said:
Martin 4 x 4 is wrong on this. The procedural requirements he refers to do not apply to someone with under 24 months service.
Collective redundancy consultation would arise if the employer is making redundant 20 or more people within 90 days.
The rules are governed by the process the employer chooses to follow, in this case they are reported to have chosen redundancy so are governed by its rules, even if the were not forced into that choice by law. They had the choice of other approaches they would not utilise, but they didn't.Collective redundancy consultation would arise if the employer is making redundant 20 or more people within 90 days.
I said consultation, I never mentioned collective consultation. Individual employees are still entitled to consultation and if individuals don't receive it tribunal *have* found that unfair.
In other words, you're wrong but you won't admit it. An obligation that is not an enforceable legal obligation is not an obligation. Please stop giving misleading advice.
No tribunal will entertain an unfair dismissal claim from an employee with under two years service. You are talking rubbish and really ought to stop.
No tribunal will entertain an unfair dismissal claim from an employee with under two years service. You are talking rubbish and really ought to stop.
davepoth said:
I'm still not certain why they didn't just let me go, but we did follow the redundancy process, and even had a consultation period (of one day).
Unlikely as it may seem, some companies do like to do the "right thing" and follow the same procedure regardless of time served.It's also entirely possible that they didn't know what they were doing.
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