Reply With Quote
Unfortunately the decisions have already been made, of course the company will make sure the criteria fits whatever process they have in place, if this is the case all your relative can do is argue for the best package he can.
Hi... Would welcome some advice.
A close family member has been shielding whilst on furlough and received an email from the Welsh health people telling him he could go back to work after 16th August. He sent a copy of the email to his boss and today got an email in return telling him to report to the Owner of the company (a quite small family estate agency business with between 10 and 20 staff) at 1100 hrs on Monday 17th. Now he's not an idiot and as Bob Dylan said ... "You don't have to be a weatherman to know which way the wind blows" so he is expecting to be made redundant. He was given the job in August 2017 and started work on Sept 1st 2017. His working hours are 0900-1500 5 days a week in week one then 4 days at 0900-1500 plus Saturday 0900-1700 in week two. He has a junior colleague who alternates weeks with him but works 0900-1800, not 1500 hrs during the week.
He has learned that the junior colleague has been working for a few weeks now as she is not shielding and is certain that it would be impossible for the company to operate without at least one person covering that function. I know that in years gone by the junior colleague would have been the obvious selection for redundancy on the last in first out basis but I understand that is no longer allowed. My question is this... his employment record is spotless, has no sickness record (but is hopeful of a hip replacement operation later this year) and is certain that his work performance is superior to that of the colleague. He is worried that the fact that the colleague has a relative who does business with the company and the fact that she is female (it is an almost exclusively female staffed company) will mean that he will be first in line for any redundancy which he thinks is unfair.
The financial consequence would not be the disaster that it would be for some people, but is still important to him. Not only that he likes working there and doesn't want to have to find another job and settle in elsewhere. Is there any practical advice you could give him in advance of the meeting next Monday?
Regards
Rob
Unfortunately the decisions have already been made, of course the company will make sure the criteria fits whatever process they have in place, if this is the case all your relative can do is argue for the best package he can.
No it's still legal but it's often avoided because it can lead to claims of age discrimination so to avoid this it's often used as a tie-breaker with other factors.Originally Posted by Barryboy
Thinking and proving are slightly different things - this is a bit complex because it part depends on how his role is defined and that of the junior - if they are different enough, they could just build a case to make his role redundant and avoid most of the things you have mentioned.My question is this... his employment record is spotless, has no sickness record (but is hopeful of a hip replacement operation later this year) and is certain that his work performance is superior to that of the colleague. He is worried that the fact that the colleague has a relative who does business with the company and the fact that she is female (it is an almost exclusively female staffed company) will mean that he will be first in line for any redundancy which he thinks is unfair.
Has he got legal cover in his house insurance that covers employability disputes?The financial consequence would not be the disaster that it would be for some people, but is still important to him. Not only that he likes working there and doesn't want to have to find another job and settle in elsewhere. Is there any practical advice you could give him in advance of the meeting next Monday?
Regards
Rob
Unless there is something contractual in place - likely to be three weeks pay ?
Last edited by Alansmithee; 10th August 2020 at 20:33.
100% this. Whether he has a claim afterwards depends on how good the employer was at making the criteria seem reasonable.
Sent from my iPhone using Tapatalk
Go to the meeting with an open mind. Don't commit to anything and go away with whatever they tell him for him to ponder...
Read contract before he goes...especially around notice pay...potentially negotiate to stay on furlough until end of October...assuming notice shorter than that.
Afraid not much that can be done to change any decision already made. Courts will be busy with tribunals for years too...play the human card and aim for a deal.
Minimal statutory redundancy pay at that level of service unfortunately.
Thanks, All.
Went to see him last night and he's pretty much accepted that he's going to get the chop with a payoff of the minimum that the Govt. will allow which I think is three weeks wages plus holiday money. It's unfortunate but new job opportunities are going to be scarce inn the admin related field so he's likely to be unemployed until he gets his OAP which is more than a year away yet. Fortunately his wife works full time and they have no mortgage or debts so it's not a disaster.. more a blow to his pride but OFC it's easy for me to say that. Once again many thanks.
Rob
Posting Permissions