About to be made Redundant - Need Advice

[Multay]

Hi,

 

I have just been given notice by my employer that they intend to make me redundant in two weeks.

I manage a small company and they are making my job redundant - Not sure how they can do that, but there you go.

So, as I have only been there for 15 months - No redunancy payment. Just a months notice which considering my salary level and senior position, I'm pretty annoyed at.

 

Now what I want to know is, do they have a legal duty to offer me an alternative position within the company?

The reason I ask is that they are attempting to recruit salesmen at the moment - And to be honest the job would be easy for me to walk into (I know the materials inside out,applications, construction, technical issues, limitations) and I know most of the people in the industry already.

The money and perks are the same as my job so there would be no change there either.

 

I have a company to see on Monday, so I might not need it but it would be nice if I could get six months as sales it would give me chance to get something that I actually want to do - Mind you, I might even like it, or I may even be good at it!!!

 

Thanks in advance.

[Sidewinder]

I know how you feel!

 

Anybody facing redundancy should be entitled to a period of consultation, the purpose of which is to keep the employee in work if at all possible. On that basis you should at least be given the opportunity to apply for a position in sales if you consider this a suitable alternative and this should really be discussed as a part of your redundancy consultations.

 

Are you the only employee affected by the redundancies? Have you been given the reasons for your position being made redundant? Have they explained how the business will be 'managed' without the manager? Does the company employ any other managers and are they also involved Have they given you notice of why your job is redundant in writing? Have you been given the right to appeal the redundancy?

 

All of these factors are relevant and may mean that the employer has unfairly selected you for redundancy or breached statutory procedures. If proven, then it could be argued that you have been unfairly dismissed and be compensated for this as you have been employed for 12 months or more, not the 24 months required to be eligible for a redundancy payment.

 

Redundancy is a tricky area though, so personally I would not just hold out and hope that they have breached procedure, but instead would be asking some fairly direct questions of them. Don't forget that you are entitled to have a witness present at any meetings held to discuss your future.

[Multay]

Hiya,

 

I have had the notice in writing - The senior management are not in the UK but consider that my job can be shared between the office staff and the MD - Not surprising really as they have no idea what my job is!!!.

My MD is not in agreement, but was in a minority of one, at the board meeting when the decision was taken.

 

I am the only person affected - They wanted a quick cash saving measure as the business is struggling through lack of sales.

 

I have not been given any leave to appeal as yet - I was only told on Thursday, so I am now at home for a couple of weeks to decide what I want to do, apparently. Consider where else in the group I may fit in etc.

 

This has never happened before so I really don't know what to do - Ideally I would like to be a bit of a pain in the Ar$e for them so that they offer me a decent payoff...Then I'll be on my way and go work for a competitor..;0)

 

But if not, the sales job would be ideal, certainly for the time being and I can't see them getting anyone any better qualfied..

 

So I really need to get some basics in place in a week or so when I go back in do I? Make sure I have everything in writing and that proper consideration is given to my sales application?

 

Thank you so much for your help, I really appreciate this...

[Sidewinder]

No problem and thanks for the rep comment.

 

If the company have cited the reasons for your redundancy as the fact that the work can be shared around in order to save money then sadly this is a valid reason for redundancy. It would also seem that if they have given you the time to think about where else you might fit in then they do have some willingness to transfer you if that is deemed appropriate on both sides and you seem to have the support of the MD which might count in your favour should you opt to go for the sales job.

 

If I were in your shoes, then I would hold off on any internal application until I had seem the other company on Monday. You may well get a good feel from the discussion, and could of course ask for as speedy a decision as possible bearing in mind your circumstances. You might though need to be mindful of any closing date for the internal sales positions and end up having to hedge your bets a little. By all means make it a proposal on your part to remain in the company in a sales position when you meet with them and see what they say. In fact make a pain of yourself and ask them all the questions you need to - that is the whole point of consultation and you have the time off before then to think up a good selection.

 

Good luck and let us know how you get on.

[Multay]

Yeah...I'm going to leave it till the last minute for the sales thing...Need a couple of weeks off TBH...

 

I will have a list of questions as long as my arm and have already warned them that I will be looking at the overseas sites too...I have no ties in the UK so a move would be easy for me...I only came back from USA two years ago anyway...

I just need to buy some time really...

There are things that they cannot do without me..They couldn't do certain things before I was recruited and that is still the case now - The justification for my position hasn't changed...There are also two external consultants currently contracted to the company at 1500 quid a month who don't really do anything...So, I'm wondering if I can use that to my advantage????

[Sidewinder]

There are also two external consultants currently contracted to the company at 1500 quid a month who don't really do anything...So, I'm wondering if I can use that to my advantage????

 

By all means - consultation is an opportunity for you (as well as the employer) to ask 'why me' and to consider and propose an alternative to making your position redundant, so in those terms it is perfectly reasonable to propose a £3k a month saving.

[Multay]

Well, I know the why me...It's coz I haven't hit the two year mark so the can pay me bugger all...;0)...Everyone else has been there for years..

I have also found out they asked the admin assistant to put togther a list of people and their time with the company!!!

That one got striaght out onto the shop floor...Tell you, they do stuff like that and then wonder why it's impossible to motivate the workforce!!!

[Multay]

Well, got my meeting on Friday so I'll have a punt for a sales job - Can't hurt t ask...Is there anything they have to do in terms of considering me for the position????

If I feel thgey are dissmissing my application out of hand is there anything I can do??

 

Thanks again...

[Multay]

Hi All,

 

Deleted this post as I was asking a question that no one could possibly answer...Sorry about that...Me panicking that's all...Cheers,

Edited October 30, 2008 by Multay
Unanswerable qustion...

[Multay]

Got rid of this too...;0)

Edited October 30, 2008 by Multay