Been made redundant :-/
09 August 2004, 03:04 PM
#31
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Does not sound right
where is your pay in lieu of notice ... how many weeks notice are you on in your contract
where is the holiday pay
does the money included the commission side of your salary
I would not sign anything today and see a solicitor asap ... get a free initial converstation they should be able to tell you where you stand. I do not think you will get the right advice on here, only a solicitor can advise you on your postion (which to me does not sound right).
Sorry
check out the sites I posted earlier especially about consulting with you. (third question below look for procedual grounds)
ie
Am I entitled to my notice period in addition to the redundancy payment, even if I don't work it?
Yes. Usually, you are not required to work your notice and therefore you will be paid in lieu in addition to your redundancy pay and outstanding holiday entitlement.
What can I do if I disagree with the redundancy payment?
In the first instance you should contact your employer to see why there is a discrepancy. If they do not agree with you, then you have the right to put your case to an Employment Tribunal, which must be done within 6 months of being made redundant
What if there is little or no consultation in connection with my redundancy?
Your employer is under a duty to properly consult with you. If this does not take place, you may have a claim for unfair dismissal, on procedural grounds if nothing else. If your employer can show that had proper consultation taken place, the outcome would have still been the same- your damaged may only reflect the salary you would have received during that period of consultation.
What if my employer has not considered a suitable alternative position?
Again, his failure to do so may amount to an unfair dismissal
What if I consider I have been unreasonably selected for redundancy?
Selection procedures based on a points system are regarded positively by tribunals. Some of the following selection criteria such as length of service, attendance, skills, qualifications, performance records and disciplinary records are usually considered fair. The test is usually one of objectivity by the employer. The "last in first out" criteria should not necessarily be adopted as this does not always represent in itself fair selection. Your dismissal for redundancy may be held to be unfair if you can show that there were employees in similar positions to yourself who were not dismissed and that the selection criteria used to choose you were applied unfairly. For example, perhaps one of the criteria used was attendance. You are selected but you can show that your attendance record is significantly better than other employees who were not selected.
Some selections, based on for example pregnancy of employees, race, or sex will be deemed to be automatically unfair.
Dave.
where is your pay in lieu of notice ... how many weeks notice are you on in your contract
where is the holiday pay
does the money included the commission side of your salary
I would not sign anything today and see a solicitor asap ... get a free initial converstation they should be able to tell you where you stand. I do not think you will get the right advice on here, only a solicitor can advise you on your postion (which to me does not sound right).
Sorry
check out the sites I posted earlier especially about consulting with you. (third question below look for procedual grounds)
ie
Am I entitled to my notice period in addition to the redundancy payment, even if I don't work it?
Yes. Usually, you are not required to work your notice and therefore you will be paid in lieu in addition to your redundancy pay and outstanding holiday entitlement.
What can I do if I disagree with the redundancy payment?
In the first instance you should contact your employer to see why there is a discrepancy. If they do not agree with you, then you have the right to put your case to an Employment Tribunal, which must be done within 6 months of being made redundant
What if there is little or no consultation in connection with my redundancy?
Your employer is under a duty to properly consult with you. If this does not take place, you may have a claim for unfair dismissal, on procedural grounds if nothing else. If your employer can show that had proper consultation taken place, the outcome would have still been the same- your damaged may only reflect the salary you would have received during that period of consultation.
What if my employer has not considered a suitable alternative position?
Again, his failure to do so may amount to an unfair dismissal
What if I consider I have been unreasonably selected for redundancy?
Selection procedures based on a points system are regarded positively by tribunals. Some of the following selection criteria such as length of service, attendance, skills, qualifications, performance records and disciplinary records are usually considered fair. The test is usually one of objectivity by the employer. The "last in first out" criteria should not necessarily be adopted as this does not always represent in itself fair selection. Your dismissal for redundancy may be held to be unfair if you can show that there were employees in similar positions to yourself who were not dismissed and that the selection criteria used to choose you were applied unfairly. For example, perhaps one of the criteria used was attendance. You are selected but you can show that your attendance record is significantly better than other employees who were not selected.
Some selections, based on for example pregnancy of employees, race, or sex will be deemed to be automatically unfair.
Dave.
09 August 2004, 09:36 PM
#32
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Get down to your local Citizen's Advice place. They will probably have a redundancy expert. When my father was made redundant several years ago, they advised him, and even took his case to tribunal for him. He won, as the company in question had failed to follow their own redundancy procedures.
John.
John.
09 August 2004, 10:24 PM
#33
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Agreed entirely- get professional advice matey. I can give you many pearls of wisdom after years of being an employer, but I'm not 100% up to speed, nor do I know all the ins and outs of it.
Apart from the Citizens Advice, who are usually pretty good, I'd also ask your local JobCentre who are usually well up to speed. I'd also consider the free consultation with a solicitor, as it would appear that you are being short-changed.
Apart from the Citizens Advice, who are usually pretty good, I'd also ask your local JobCentre who are usually well up to speed. I'd also consider the free consultation with a solicitor, as it would appear that you are being short-changed.
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