Legal rights after 2 years of service
Legal rights after 2 years of service
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Discussion

carboy2017

Original Poster:

737 posts

101 months

Wednesday 4th September 2019
quotequote all

If a company wants to make someone redundant or sack them after the employee has done more than 2 years of service then what type of defense does an employee has or what in terms of a payout thats legally mandatory

Jasandjules

71,982 posts

252 months

Wednesday 4th September 2019
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Well Redundancy pay but it is quite poor. The ERA however kicks in...

Pothole

34,367 posts

305 months

Wednesday 4th September 2019
quotequote all
carboy2017 said:
If a company wants to make someone redundant or sack them after the employee has done more than 2 years of service then what type of defense does an employee has or what in terms of a payout thats legally mandatory
Which is it? Have you never read a thread in here? You'll get much better results telling the whole, true, story.

carboy2017

Original Poster:

737 posts

101 months

Thursday 5th September 2019
quotequote all
Pothole said:
Which is it? Have you never read a thread in here? You'll get much better results telling the whole, true, story.
so basically one of my colleagues had a run in with the team lead over a process change and lack of clarity and the TL is now gunning for him with various accusations but as the TL is blue eyed boy of one of the senior directors I dont see much hope for my colleague as if he does not go soon voluntarily im sure they will force him out and if that happens I wanted to know if he has a leg to stand on as he has done 2 years in the role and a permie

what does the law say on redundancies after 2 years?

parabolica

6,958 posts

207 months

Thursday 5th September 2019
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carboy2017 said:
Pothole said:
Which is it? Have you never read a thread in here? You'll get much better results telling the whole, true, story.
so basically one of my colleagues had a run in with the team lead over a process change and lack of clarity and the TL is now gunning for him with various accusations but as the TL is blue eyed boy of one of the senior directors I dont see much hope for my colleague as if he does not go soon voluntarily im sure they will force him out and if that happens I wanted to know if he has a leg to stand on as he has done 2 years in the role and a permie

what does the law say on redundancies after 2 years?
That isn't a redundancy situation; sounds like blue-eyed boy has missed his chance to release without any real effort required as your colleague has over two years service now. Based on what you've said above, any desire to remove from the organisation would now be done via a performance management plan or a settlement agreement.

To answer your original question, 2 years is when entitlement to Statutory Redundancy Pay kicks in and employers are legally required to go through a formal process to involuntarily release someone from the organisation.

Jasandjules

71,982 posts

252 months

Friday 6th September 2019
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carboy2017 said:
what does the law say on redundancies after 2 years?
It sounds like you are more looking at a whistleblowing event?

carboy2017

Original Poster:

737 posts

101 months

Friday 6th September 2019
quotequote all
Jasandjules said:
It sounds like you are more looking at a whistleblowing event?
partially yes as my colleague pointed out quite a few serious lapses in how deployment to clients (things that could have back fired badly if something went wrong) were handled by this team lead and that sparked all this

Pothole

34,367 posts

305 months

Friday 6th September 2019
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carboy2017 said:
Jasandjules said:
It sounds like you are more looking at a whistleblowing event?
partially yes as my colleague pointed out quite a few serious lapses in how deployment to clients (things that could have back fired badly if something went wrong) were handled by this team lead and that sparked all this
So he's effectively saved the company some st? Surely he can just go back to the person he informed about the problems and tell them what the team lead is up to?

Jasandjules

71,982 posts

252 months

Friday 6th September 2019
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I should note for completeness that Whistleblowing has no requirement of two years' service.


carboy2017

Original Poster:

737 posts

101 months

Monday 9th September 2019
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Pothole said:
So he's effectively saved the company some st? Surely he can just go back to the person he informed about the problems and tell them what the team lead is up to?
what you say is 100% true but thats not what the top boys want to hear as some of the team leads are their pets so wont stand anything agaisnt them even if obvious and will try and shoot the messenger,btw this is a fintech thats medium in size and talks big smile