yellowsquirrel
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Redundancy after 11 months
yellowsquirrel replied to yellowsquirrel's topic in Employment and minimum wage problems
With all due respect I know my employer and i know the law relating to redundancy and unfair dismissal. As the procedure only started on Wednesday, I don't know how you can be so confident that it has, and will continue to be followed to the letter. I am not seeking to prevent redundancy but it is good sense to make sure that it happens after I have been employed for a year JUST IN CASE in the next 3 months I learn that this has not been a genuine redundancy after all (as many of my colleagues already suspect). If that happened after I had been employed for 1 year, I would be free to make a claim for unfair dismissal or wrongful dismissal at an employment tribunal. If, however, they pulled the same stunt when I had less than 1 year's service, I wouldn't have any redress. Just because an employer calls a dismissal a redundancy, it does not automatically follow that it is. You are, of course, entitled to your opinion. However, I'm relieved that I have been able to confirm my own research by speaking to an experienced employment solicitor this evening. He will be accompanying me to my consultation meeting this week. Thanks -
Redundancy after 11 months
yellowsquirrel replied to yellowsquirrel's topic in Employment and minimum wage problems
Thanks for your comment. I realise this. You miss the point though. I am trying to ensure that if things turn nasty, I would have been dismissed after one year so that I have some rights. You should read the case I have posted which would perhaps make things clearer. Maybe my approach is different and more protectionist as I am a lawyer (although not an employment specialist). -
Redundancy after 11 months
yellowsquirrel replied to yellowsquirrel's topic in Employment and minimum wage problems
Thanks guys I know the basics of employment law and I realise that the procedure that my employers have followed so far seems ok. However, my concern is that, once my position is made redundant and my EDT is determined (which would probably be 2nd March 2009) I would not be in a position to challenge the procedure. I would not be eligible to make a claim for unfair dismissal as I would not have completed a full year's service until 4th March 2009. There is a case that illustrates this difficulty very well www.employmentappeals.gov.uk/Public/Upload/UKEAT06930414122004.doc However, I think I've now solved the problem. By delaying the process can push my EDT to sometime after 4th March, which will mean that, if my employer later acts in such a way as to convince me that the procedure was unfair, I will be able to take them to a tribunal. I understand that I am not eligible for redundancy pay and that was never the issue. I simply want to ensure that this is not a sham redundancy. Over the years I have seen many friends and colleagues lose their jobs where employers have used redundancy as an excuse. Hindsight is a wonderful thing but no use to me here. If the process can be delayed by a mere two days, the EDT might prove to be very important. As it happens, the person that I would like to accompany me to the next consulation meeting is not available on 2nd May, so I will be requesting that meeting be postponed. I hope this information helps someone, as employers rushing through a dismissal/redundancy to prevent employees acquiring rights is not unheard of. Thanks for your help though -
Dear all I was told on Wednesday that my job is at risk of redundancy. On Thursday, this was confirmed in writing and I was invited to attend a further consultation meeting which will take place on Monday 2nd February. I was on annual leave on Friday so I've effectively had a day's notice. Apart from the prospect of unemployment, I am concerned that my employers want to rush this redundancy through so that I will not have a full year's service and so will not be eligible to make an unfair dismissal claim. On March 4th I will have been employed a full year. If they dismiss me by way of redundancy on Monday, I will presumably leave my job on March 2nd. This has all happened entirely unexpectedly and I have a good work record. Any ideas on how to approach this would be most appreciated. Thanks
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