- December 4, 2023
- Posted by: legaleseblogger
- Category: Related News
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Speak to ACAS:
http://Www.acas.org.uk
Under 20 redundancies there isn’t really much in the way of consulting process that needs following, but there are statutory payments you are still due.
With two years continuous service you are entitled to written reasons for your dismissal. You should request this in writing. You have likely been unfairly dismissed if youÔÇÖre not given reasons but whether it is due to redundancy is anyoneÔÇÖs guess until you get written reasons. If you have been made redundant you are entitled to redundancy pay (basic award) and you may also challenge it on the grounds of procedural unfairness for compensation (compensatory award) if the ACAS codes were not followed.
You donÔÇÖt say whether youÔÇÖve been told your role has been made redundant or if youÔÇÖve just been fired.
Get in touch with ACAS they are really helpful, I’ve used them for myself and friends.
Have they given you anything in writing yet?
Redundancy selection must be made fair and non-discrimination. An honest method would be last in first out. Or based on skills and experience or attendance and disciplinary record.
The key here is challenging the employer criteria used to make the redundancy. This is the line that goes from redundancy and enter into unfair dismissal. S.94 (ERA) 1996.
The employer did not use a fair procedure to dismiss you.
Start writing a letter to the employer with reasons that you think the redundancy was unfair. ( record all as evidence)
Later, you can think about the possibility of taking legal action in the employment tribunal for unfair dismissal.
They’re making you redundant and not firing you.
They should be following the redundancy process with you and discussing how much you are owed.
The calculation for redundancy is based on an average of your last 12 weeks pay and then it’s one week per year of service if you’re over 22 but under 41 and it’s 1┬¢ weeks per year over the age of 41.
The cap on statutory redundancy is ┬ú643 per week, for each year worked, that’s if you earn more than that though.
There’s a government website you can calculate what you’re entitled to.
Redundancy is a statutory entitlement and they have no option but to pay you.
For dismissal, the employer has to prove they dismissed an employee fairly (there is no legal or formal process by law, just that it’s fair). The only way an employer can prove they dismissed an employee fairly is with a paper trail. That they gave warnings, held meetings and gave the employee a chance to improve their performance/behaviour and dismissal was the only option due to a lack of improvement. This is not the case with you. You were unfairly dismissed.
Or
For redundancy, if there’s less than 20 employees, while there’s no minimum or maximum consultation period, the employer must prove they made employees redundant in a fair and transparent way and that all employees being considered for redundancy were aware BEFORE being made redundant and what selection process was being used. Again, they need a paper trail. That they used a fair and transparent selection process (used employees performance records for example), that the employees knew they were being considered for redundancy and that the employees were given the correct notice and pay upon being made redundant. Again, this is not the case with you. You were made redundant without a proper process.
ACAS can advise you on which one affects you but I’d imagine if it’s just you that they did this to, they’d suggest unfair dismissal is what you have experienced. Unfair dismissal has more scope for compensation than redundancy without a proper process. I believe being made redundant without a proper process is something like 90 days pay (plus the redundancy pay you are legally owed) but don’t quote me on that. Unfair dismissal could be any amount.
I have no idea why any employer would take such risks. Actually I do know, if they had done a proper redundancy process, it would be the investors child that would have been made redundant. Well I hope their investor has deep pockets because the company are on very shaky ground with a tribunal coming up most likely
NAL – but have made people redundant before in a small company. There is a redundancy process to follow, itÔÇÖs largely a routine process that is unlikely to result in any other outcome other than redundancy. However itÔÇÖs still important to follow it.
It seems like even if you went through the process you would have been made redundant anyway.
What do you want to happen? You wonÔÇÖt get to keep your job, so I think the only two options left are to get a solicitor and proceed with legal proceedings to get some money out of them and to also let them know they cannot treat people this way.
Alternatively talk to your employer and tell them theyÔÇÖve not followed the correct procedure nor have they paid you any redundancy payment. Tell them that unless they do youÔÇÖre going to seek legal advice on your next steps.
Make sure you get paid the correct amount, if they followed the process correctly that would have taken a little longer so IÔÇÖd push to include any wages you would have received during that period plus redundancy payout – which is tax free.
Negotiate with them. Get them to pay you 2 to 3 months of your salary tax-free as compensation
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Then you weren’t fired, and you were made redundant.
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Speak to acas. This seems wrong
Look into a protective award,IÔÇÖm going throughi it now if a company doesnÔÇÖt follow the 90 day consultation process youÔÇÖll be eligible for eight weeks pay.
Do not sign anything!! And like everyone else says, speak to any resource you can. You have been there more than 2 years so are covered by law for unfair dismissal
As has been stated one trust is gone you may as well move on, but the kicker is that they have failed to follow the rules so they need your agreement to leave. Make them pay you for it (and that includes giving you a good reference) or alternatively they face a long period of uncertainty, expense and legal risk.
I agree with others who say contact a solicitor. Any decent one will offer you a free initial consultation to give you an idea of your options.
Second, write down notes immediately in as much detail as you can about what was said and when. Continue to take notes on any conversations you have with your company.
Many others have already commented on the lack of consultation. But I also want to expand on your comment about another employee doing the same job as you.
In a redundancy situation, it is the role, not the person being eliminated. So, if there is more than one person in the same or similar role, the company must create a pool of people at risk. Only then can they select someone for redundancy from the pool and the criteria mentioned must be objective, measurable, and non-discretionary. Note, that selection based on length of service or last in, first out might be indirect age discrimination, so likely something they shouldnÔÇÖt use.
From what you describe, they have not done this. It might be worth asking them ( in writing) to explain why the other person doing the same role was not put at risk and a pool created.
The fact they are not responding to your emails puts them in a very bad position.
Others have said to contact ACAS, and that good advice, but I strongly suggest searching for a good employment solicitor to guide you.