Employment Law - Laid Off. Where do I stand?
Employment Law - Laid Off. Where do I stand?
Author
Discussion

pauliec50

Original Poster:

132 posts

229 months

Saturday 2nd August 2008
quotequote all
Hello all, I have just been laid off!! I appreciate no one likes a whinger but if anyone has any answers to any questions that I may have I would be eternally grateful. So I can stick one up 'em so to speak!

What does it mean when I am laid off? as opposed to redundancy?
Im still employed for a number of weeks, 12 in this instance, but what happens then?
I heard rumours of the company changing names and moving assets and the company(s) wrapped up/liquidated. What does that mean for me?
One of the companies, we'll call them "DV ltd" has been named on my payslips for the last 3 months, however in my letter laying me off, the letter was from (and we'll call them "DM ltd"? Is this valid, is this legal and would I be entitled to anything?

Come on, theres loads of stuff to go at there? Serious responses please, the kids need feeding next month as well.

Marcellus

7,210 posts

250 months

Saturday 2nd August 2008
quotequote all
how long have you been employed by companies DV & DM??

pauliec50

Original Poster:

132 posts

229 months

Saturday 2nd August 2008
quotequote all
03/2006 I started with 'the company' they have had 3 names whilst I have worked there though... does that help?

Marcellus

7,210 posts

250 months

Saturday 2nd August 2008
quotequote all
ok so three and a half years service...therefore you've got rights.

Other than syaing they're "laying you off" was there any other reason given?

Firefoot

1,600 posts

248 months

Saturday 2nd August 2008
quotequote all
The name changes do not matter, you have been continuously employed since 2006. TUPE applies when a company takes over another company and its existing employees.

Laid off is the same as redundant as far as I know. You are entitled to redundancy payments. For the period 2006 until now, this does not amount to a large amount of money. If the company are going into liquidation then you are on the list of creditors and the company owes you money which the appointed administrator will have to sort out paying you.

If the company can not come up with the money, I believe you can claim something off the government.

You need to get in touch with ACAS or the citizens advice centre for some accurate advice (sorry, a bit rusty with out my employment law books in front of me)

Edited by Firefoot on Saturday 2nd August 21:02

Dupont666

22,966 posts

223 months

Saturday 2nd August 2008
quotequote all
contact richburley or look up burleyslaw on the web... he specialises in employment law

f13ldy

1,432 posts

232 months

Saturday 2nd August 2008
quotequote all
I think its a weeks pay for every year employed by said company as a minimum.

Unless it is a public/civil service where they give you 1 month for every year.

Luckily they have given you 12 weeks notice, therefore it is not unfeasible to gain employment in that period. Also I believe they have to give you adequate time off to attend interviews etc.

I think the BERR website has the minimum requirements for companies to meet in the event of redundancy.

pauliec50

Original Poster:

132 posts

229 months

Saturday 2nd August 2008
quotequote all
The reason they have given (there are approx 20 of us in this situation) is that they were waiting for venture capital to be released, this was expected last month and will not be available for 2-3 months, so....

As for further advice, I'm trying to get an appointment at the CAB, it took me 3 days last time...
ACAS? what or who are they?

richyb

4,615 posts

241 months

Saturday 2nd August 2008
quotequote all
Are you or anyone or the other 20 union members at all?

Edited by richyb on Saturday 2nd August 21:14

Firefoot

1,600 posts

248 months

Saturday 2nd August 2008
quotequote all
http://www.acas.org.uk

They give independant employment advice, to both employees and employers. Well worth speaking to.

ETA - their advice and time is free

Edited by Firefoot on Saturday 2nd August 21:12

Marcellus

7,210 posts

250 months

Saturday 2nd August 2008
quotequote all
is there any staff who they've not laid off?

I'm thinking that if they've done some form of cherry pick without consultation and not followed due process then in fact they've unfairly dismissed you therefore you could be due damages..

SJobson

13,907 posts

295 months

Saturday 2nd August 2008
quotequote all
Whether or not you're the only person who has been laid off, if it's proper redundancy they need to go through the formal consultation process - you'd know if they'd done so, so I guess they probably haven't.

On the face of it, then, it's potentially unfair dismissal; employers can't just terminate your employment on the notice specified in your contract, they also need a reason. However, the release of venture capital sounds like it might be important to cashflow; if they go bust, you're going to struggle to get anything more than they've offered already.

Worth getting proper advice, anyway.

Dupont666

22,966 posts

223 months

Saturday 2nd August 2008
quotequote all

pauliec50

Original Poster:

132 posts

229 months

Saturday 2nd August 2008
quotequote all
Cheers all, as far as I'm aware no one is a member of a union, I know I'm not currently. the ACAS & BERR leads are good ones cheers.
I believe that there are serious money issues in the company, and hence noone has been made redundant. I don't know how they have gotten the names from or if a performance matrix has been used at all. I suppose I'd need to bring proceedings? Or write to HR to have them explain themselves??