Legal query with redundancy.

[Dupont666]

Got some information that my old team are now hiring new people with similar skills to myself after i got told my role was redundant, took the payout as the company said there was no roles, now i find that a friend of a friend was at interview number 3 of a role that was like mine, which means they started the interview process whilst i was still on statutary redundancy.

I will probably just leave it and enjoy the payout, but surely after being told there was a complete recruitment freeze and it was due to needing to cut back on staff, this just isnt on.

Im sure if i chased it they would think of some lame excuse that meant it was not breech of the reason i left.

Thoughts from the lawyers lurking round here?

[RJE1966]

Did you sign a compromise agreement after legal advice or was it a straight redundancy?

[Dupont666]

The compromise agreement has been signed (yesterday) after much messing about by them and waiting for them to correct it.

But the query is since this was already in the process of being done before the agreement was signed is what im querying.

[JRM]

To be honest you'll have a great deal of difficulty showing that they have done anything wrong. They can quite easily claim that the skills sets are different enough. I wouldn't bother if I were you, annoying though it is

[Dupont666]

I listened to everything and was told by the company that they were not recruiting and hence they had no job and hence i signed the agreement, i have since found out that this is not the case and the old team are actively recruiting and have been before i signed, so they didnt tell the truth when i signed.

But i take it since i signed yesterday and not today when i found out that i have no comeback?

[RJE1966]

Dupont666 said:

The compromise agreement has been signed (yesterday) after much messing about by them and waiting for them to correct it.

But the query is since this was already in the process of being done before the agreement was signed is what im querying.

The idea of a compromise agreement is to 'compensate' you by paying a sum greater than your statutory redundancy entitlement.

I assume you had legal advice, and this was explained to you?

AND the company paid for that advice?

If yes to all those points then whilst still having the right to pursue a claim for unfair/ wrongful dismissal it's unlikely your award would be greater than that which you've already had/ are about to receive.

You need to mention to the Lawyer who just advised you, give him/her a call, if he's half decent there'll be no extra charge, and I suspect they'll advise you to accept the dosh and take it no further, BUT you must speak to him/her as he/she has the details of how your compromise payment is made up (I don't, which means I can provide no guarantees).

Hope that helps?

[Dupont666]

i dont really care about working for them again, want to take the money and will do so, but all i wanted to know is if what they had done was entirely legal?

I dont want anymore money out of them, im happy at the moment, just a little miffed to find this out that they werent saying the truth.

[fido]

Dupont666 said:

i dont really care about working for them again, want to take the money and will do so, but all i wanted to know is if what they had done was entirely legal?

A. Nope, sounds like it could have been a breach of employment law at the time.
B. But you have now signed away your rights. Enjoy the cash.

[Dupont666]

thats all i wanted to know, will let my lawyer know when he answers the phone.

Money should be with me in 7 days, just in time for xmas