Legal assistance in redundancy

Legal assistance in redundancy

Author
Discussion

Stella Tortoise

Original Poster:

2,624 posts

143 months

Wednesday 17th July 2019
quotequote all
My Mrs is being made redundant from a large firm.

The process is being handled badly, in her opinion and, verbally, that of the COO.

She's become pissed off with it all and wishes to just do a deal to go sooner rather than later, there's an expectation that the firm would prefer this also as they are pulling out of our home town and the operational guys are long gone.

Does anyone know if she is entitled to have a solicitor paid for by her employer?

Are there any recommendations for great employment law solicitors here?

Ta

Davel

8,982 posts

258 months

Wednesday 17th July 2019
quotequote all
How many years service has she given them?

Is it reasonable to expect them to pay for a solicitor to represent her against them? Would she not be better using her own representative?

Is she a member of any Union?

The CAB may be able to give a few pointers....

Stella Tortoise

Original Poster:

2,624 posts

143 months

Wednesday 17th July 2019
quotequote all
Thanks,

She has 20 years service, others in her team, including junior people, are having separate discussions with their line manager.
The whole process is a bit shoddy.

Crafty_

13,279 posts

200 months

Wednesday 17th July 2019
quotequote all
https://www.acas.org.uk are the first stop, even if to only asnwer the initial question.

2 sMoKiN bArReLs

30,252 posts

235 months

Wednesday 17th July 2019
quotequote all
If they offer a compromise agreement she must take legal advice, usually paid for by the employer.

Redundancy is such a horrible thing, for both the givers and the receivers. I feel for her (having been on both sides).

Jasandjules

69,869 posts

229 months

Wednesday 17th July 2019
quotequote all
It is not normal for a firm to pay for representation against them save for the determination of any Settlement Agreement.


Europa1

10,923 posts

188 months

Wednesday 17th July 2019
quotequote all
Jasandjules said:
It is not normal for a firm to pay for representation against them save for the determination of any Settlement Agreement.
Even that will be for a fixed amount, which is usually nowhere near enough to cover a proper examination of possible claims.

Jasandjules

69,869 posts

229 months

Wednesday 17th July 2019
quotequote all
Europa1 said:
Even that will be for a fixed amount, which is usually nowhere near enough to cover a proper examination of possible claims.
Indeed. However a significant amount of time spent is usually disagreements over the terns of the SA - in particular the sums due.....

OMITN

2,129 posts

92 months

Thursday 18th July 2019
quotequote all
Jasandjules said:
Indeed. However a significant amount of time spent is usually disagreements over the terns of the SA - in particular the sums due.....
Not in my experience, both having been on the receiving end once and issuing them regularly these days.

But that is based on large company experiences where HR functions facilitating the process are pretty switched on and the legal team (ie me) also take a pragmatic view (Ie what’s the point of stringing it out - sooner signed, sooner the restructure completes).

@ OP - as others have said, your wife will get a nominal amount (usually £250-£500) towards legal fees to review - and if necessary agree some changes to - a settlement agreement.

The only things she really needs to worry about are: (1) redundancy payment amount and (2) date for leaving. Everything else is pretty mechanistic. With 20 years’ service, even at statutory redundancy, she’ll receive a meaningful amount. And if they do enhanced terms at her place, then all the better. Good luck..!

Jasandjules

69,869 posts

229 months

Thursday 18th July 2019
quotequote all
OMITN said:
But that is based on large company experiences where HR functions facilitating the process are pretty switched on and the legal team (ie me) also take a pragmatic view (Ie what’s the point of stringing it out - sooner signed, sooner the restructure completes).
Indeed. I deal with various companies each week, with different legal teams, HR etc. and generally have to argue about a number of terms in the SA (don't get me wrong I am on the receiving end when it is my client issuing the redundancy or termination etc) but mostly people are, unsurprisingly, interested in the money more than anything....


Steve91

491 posts

120 months

Sunday 21st July 2019
quotequote all
I'm in the same boat as your Mrs, currently going through the process of redundancy, and where there is a settlement agreement it must be signed off by an independent solicitor under the TUPE regulations. Legal costs are fronted by the employer. We had a meeting about this on Thursday, so its all still fresh in my mind.

I hope she gets it sorted. Redundancy is properly crap.

craigjm

17,940 posts

200 months

Sunday 21st July 2019
quotequote all
It all depends on the situation. If it’s a standard redundancy then settlement agreements don’t even come into it and there is no automatic right to require the company to find any legal advice.


Stella Tortoise

Original Poster:

2,624 posts

143 months

Monday 12th August 2019
quotequote all
Thanks guys, it's still ongoing, the employer is taking a sloppy approach so we are playing it out to an extent.

She's gathering evidence and might want to pursue at a later date but currently playing along.

She was told last week that her age and a health issue from last year which is fully resolved might impact her future at the firm, sounds a bit iffy to me.

2 sMoKiN bArReLs

30,252 posts

235 months

Monday 12th August 2019
quotequote all
Stella Tortoise said:
She was told last week that her age and a health issue from last year which is fully resolved might impact her future at the firm, sounds a bit iffy to me.
yikes

Good luck, I hope it works out.


Jasandjules

69,869 posts

229 months

Monday 12th August 2019
quotequote all
Stella Tortoise said:
Thanks guys, it's still ongoing, the employer is taking a sloppy approach so we are playing it out to an extent.

She's gathering evidence and might want to pursue at a later date but currently playing along.

She was told last week that her age and a health issue from last year which is fully resolved might impact her future at the firm, sounds a bit iffy to me.
Bear in mind time limits, many claims fall away as people do not appreciate how little time there is to bring a claim in Tribunal.

Was she told that in writing? If not, it may be perhaps an idea to write to said person and just say you realise that they consider you old and unwell however you hope that this does not affect your future in X company contrary to what was stated...... Just to get a record of it.

Stella Tortoise

Original Poster:

2,624 posts

143 months

Monday 12th August 2019
quotequote all
Jasandjules said:
Bear in mind time limits, many claims fall away as people do not appreciate how little time there is to bring a claim in Tribunal.

Was she told that in writing? If not, it may be perhaps an idea to write to said person and just say you realise that they consider you old and unwell however you hope that this does not affect your future in X company contrary to what was stated...... Just to get a record of it.
It has come from 2 different people but verbally.

craigjm

17,940 posts

200 months

Monday 12th August 2019
quotequote all
Stella Tortoise said:
Jasandjules said:
Bear in mind time limits, many claims fall away as people do not appreciate how little time there is to bring a claim in Tribunal.

Was she told that in writing? If not, it may be perhaps an idea to write to said person and just say you realise that they consider you old and unwell however you hope that this does not affect your future in X company contrary to what was stated...... Just to get a record of it.
It has come from 2 different people but verbally.
Good advice from Jasandjules

98elise

26,502 posts

161 months

Monday 12th August 2019
quotequote all
Davel said:
How many years service has she given them?

Is it reasonable to expect them to pay for a solicitor to represent her against them? Would she not be better using her own representative?

Is she a member of any Union?

The CAB may be able to give a few pointers....
When I was let go (compromise agreement) my company paid for a solicitor. It was standard practice.

craigjm

17,940 posts

200 months

Monday 12th August 2019
quotequote all
98elise said:
When I was let go (compromise agreement) my company paid for a solicitor. It was standard practice.
Yes but this is not a settlement it is a standard redundancy

98elise

26,502 posts

161 months

Tuesday 13th August 2019
quotequote all
craigjm said:
98elise said:
When I was let go (compromise agreement) my company paid for a solicitor. It was standard practice.
Yes but this is not a settlement it is a standard redundancy
I was the only person going under a compromise agreement, everyone else was redundancy. We all got legal advice paid for by the company.


The only reason mine was a compromise agreement was that I was not offered redundancy even though my role was changing significantly, and would be downgraded from management to supervisory. I fought for redundancy but they only agreed to a CA for less money.